Pollution Control and Ecolosy Corrlmission # 014.00-022
EXHIBIT C
ARKANSAS POLLUTION CONTROL
AND ECOLOGY COMMISSION
REGULATION NO. 22
SOLID WASTE MANAGEMENT RULES
Approved by Arkansas Pollution Control and Ecology Commission on
March 28,2007
Regulation Number 22
Solid Waste Management
Table of Contents
LIST OF TABLES ........................................................................................................................................ VI
CHAPTER 1 PRELIMINARY PROVISIONS ......................................................................................... 1-1
REG.22.101 - TITLE .............................................................................................................................. 1-1
REG.22.102 - DEFINITIONS .................................................................................................................. 1-1
REG.22.103 - PURPOSE, SCOPE, AND APPLICABILITY ...................................................................... 1-10
CHAPTER 2 REGIONAL AND LOCAL SOLID WASTE MANAGEMENT SYSTEMS ................. 2-1
REG.22.201 - REGIONAL SOLID WASTE MANAGEMENT BOARDS ...................................................... 2-1
REG.22.202 - LICENSING HAULERS OF SOLID WASTE ....................................................................... 2-1
REG.22.203 - LOCAL AUTHORITY APPROVAL OF SITE SELECTION AND EXPANSION ...................... 2-2
REG.22.204 - HOST COMMUNITY APPROVAL OF SITE SELECTION ................................................... 2-3
REG.22.205 - CERTIFICATE OF NEED FOR LANDFILLS AND TRANSFER STATIONS........................... 2-4
REG.22.206 - APPEAL OF CERTIFICATE OF NEED DETERMINATION ................................................ 2-6
CHAPTER 3 PERMIT APPLICATIONS PROCEDURES .................................................................... 3-1
REG.22.301 - GENERAL PROVISIONS ................................................................................................... 3-1
REG.22.302 - PRE-APPLICATION PROCEDURES .................................................................................. 3-2
REG.22.303 - GENERAL APPLICATION REQUIREMENTS ..................................................................... 3-4
REG.22.304 - PERMIT APPLICATION REVIEW ..................................................................................... 3-6
REG.22.305 - PUBLIC HEARINGS AND NOTICES ................................................................................. 3-7
REG.22.306 - FINAL PERMIT DECISION............................................................................................... 3-8
REG.22.307 - TRANSFER OF PERMITS ................................................................................................. 3-9
REG.22.308 - MODIFICATION OF PERMITS ....................................................................................... 3-10
REG.22.309 – DURATION OF PERMITS............................................................................................... 3-11
CHAPTER 4 CLASS 1 LANDFILLS ........................................................................................................ 4-1
REG.22.401 - LOCATION RESTRICTIONS ............................................................................................. 4-1
REG.22.402 - AIRPORT SAFETY ........................................................................................................... 4-1
REG.22.403 - FLOODPLAINS ................................................................................................................. 4-2
REG.22.404 - WETLANDS ..................................................................................................................... 4-2
REG.22.405 - FAULT AREAS ................................................................................................................. 4-3
REG.22.406 - SEISMIC IMPACT ZONES ................................................................................................ 4-3
REG.22.407 - UNSTABLE AREAS .......................................................................................................... 4-3
REG.22.408 - SEPARATION DISTANCES AND BUFFER ZONES ............................................................. 4-4
REG.22.409 - CLOSURE OF EXISTING LANDFILL UNITS ..................................................................... 4-5
REG.22.410 - ENDANGERED SPECIES .................................................................................................. 4-6
REG.22.411 - GENERAL OPERATING REQUIREMENTS ........................................................................ 4-6
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REG.22.412 - PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS WASTE AND
UNAUTHORIZED WASTE....................................................................................................................... 4-8
REG.22.413 - COVER MATERIAL REQUIREMENTS.............................................................................. 4-9
REG.22.414 - DISEASE VECTOR CONTROL ......................................................................................... 4-9
REG.22.415 - EXPLOSIVE GASES CONTROL ........................................................................................ 4-9
REG.22.416 - AIR CRITERIA .............................................................................................................. 4-11
REG.22.417 - ACCESS REQUIREMENTS ............................................................................................. 4-11
REG.22.418 - RUN-ON/RUN-OFF CONTROL SYSTEMS ..................................................................... 4-12
REG.22.419 - SURFACE WATER REQUIREMENTS.............................................................................. 4-12
REG.22.420 - LIQUIDS RESTRICTIONS ............................................................................................... 4-13
REG.22.421 - RECORDKEEPING REQUIREMENTS .............................................................................. 4-14
REG.22.422 - OPERATING PLAN AND NARRATIVE ........................................................................... 4-16
REG.22.423 - ANNUAL ENGINEERING INSPECTION REPORTS .......................................................... 4-16
REG.22.424 - MINIMUM DESIGN CRITERIA ...................................................................................... 4-17
REG.22.425 - LANDFILLS IN BOONE AND ST. JOE FORMATIONS ..................................................... 4-19
REG.22.426 - SURVEY CONTROL ....................................................................................................... 4-22
REG.22.427 - SURFACE WATER CONTROL........................................................................................ 4-23
REG.22.428 - LINER AND FINAL COVER DESIGN AND CONSTRUCTION .......................................... 4-24
REG.22.429 - LEACHATE COLLECTION SYSTEM DESIGN AND CONSTRUCTION ............................. 4-28
REG.22.430 - EARTHWORK BALANCE ............................................................................................... 4-32
REG.22.431 - LANDFILL CONFIGURATION ........................................................................................ 4-33
REG.22.432 - OTHER REQUIREMENTS .............................................................................................. 4-33
CHAPTER 5 CLASS 3 LANDFILLS ........................................................................................................ 5-1
REG.22.501 - LOCATION RESTRICTIONS ............................................................................................. 5-1
REG.22.502 - AIRPORT SAFETY ........................................................................................................... 5-1
REG.22.503 - FLOODPLAINS ................................................................................................................. 5-1
REG.22.504 - WETLANDS ..................................................................................................................... 5-1
REG.22.505 - FAULT AREAS ................................................................................................................. 5-1
REG.22.506 - SEISMIC IMPACT ZONES ................................................................................................ 5-2
REG.22.507 - UNSTABLE AREAS .......................................................................................................... 5-2
REG.22.508 - SEPARATION DISTANCES AND BUFFER ZONES ............................................................. 5-2
REG.22.509 - ENDANGERED SPECIES .................................................................................................. 5-3
REG.22.510 - GENERAL OPERATING REQUIREMENTS ........................................................................ 5-3
REG.22.511 - PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS AND UNAUTHORIZED
WASTE .................................................................................................................................................. 5-5
REG.22.512 - COVER MATERIAL REQUIREMENTS.............................................................................. 5-6
REG.22.513 - DISEASE VECTOR CONTROL ......................................................................................... 5-7
REG.22.514 - EXPLOSIVE GASES CONTROL ........................................................................................ 5-7
REG.22.515 - AIR CRITERIA ................................................................................................................ 5-7
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REG.22.516 - ACCESS REQUIREMENTS ............................................................................................... 5-7
REG.22.517 - RUN-ON/RUN-OFF CONTROL SYSTEMS ....................................................................... 5-8
REG.22.518 - SURFACE WATER REQUIREMENTS................................................................................ 5-8
REG.22.519 - LIQUIDS RESTRICTIONS ................................................................................................. 5-9
REG.22.520 - RECORDKEEPING REQUIREMENTS ................................................................................ 5-9
REG.22.521 - OPERATING PLAN AND NARRATIVE ........................................................................... 5-10
REG.22.522 - ANNUAL ENGINEERING INSPECTION REPORTS .......................................................... 5-11
REG.22.523 - GROUND WATER STANDARDS FOR SOLID WASTE FACILITIES AND PRACTICES ..... 5-12
REG.22.524 - MINIMUM DESIGN CRITERIA ...................................................................................... 5-12
REG.22.525 - CLASS 3 COMMERCIAL LANDFILLS IN BOONE AND ST. JOE FORMATIONS .............. 5-13
REG.22.526 - SURVEY CONTROL ....................................................................................................... 5-13
REG.22.527 - SURFACE WATER CONTROL........................................................................................ 5-14
REG.22.528 - LINER AND FINAL COVER DESIGN AND CONSTRUCTION .......................................... 5-14
REG.22.529 - LEACHATE COLLECTION SYSTEM DESIGN AND CONSTRUCTION ............................. 5-14
REG.22.530 - EARTHWORK BALANCE ............................................................................................... 5-14
REG.22.531 - LANDFILL CONFIGURATION ........................................................................................ 5-14
REG.22.532 - CLASS 3 MONOFILLS ................................................................................................... 5-14
REG.22.533 - OTHER REQUIREMENTS .............................................................................................. 5-14
CHAPTER 6 CLASS 4 LANDFILLS ........................................................................................................ 6-1
REG.22.601 - LOCATION RESTRICTIONS ............................................................................................. 6-1
REG.22.602 - FLOODPLAINS ................................................................................................................. 6-1
REG.22.603 - WETLANDS ..................................................................................................................... 6-1
REG.22.604 - UNSTABLE AREAS .......................................................................................................... 6-1
REG.22.605 - SEPARATION DISTANCES AND BUFFER ZONES ............................................................. 6-1
REG.22.606 - ENDANGERED SPECIES .................................................................................................. 6-2
REG.22.607 - GENERAL OPERATING REQUIREMENTS ........................................................................ 6-2
REG.22.608 - PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS AND UNAUTHORIZED
WASTE .................................................................................................................................................. 6-4
REG.22.609 - COVER MATERIAL REQUIREMENTS.............................................................................. 6-4
REG.22.610 - DISEASE VECTOR CONTROL ......................................................................................... 6-5
REG.22.611 - EXPLOSIVE GASES CONTROL ........................................................................................ 6-5
REG.22.612 - AIR CRITERIA ................................................................................................................ 6-5
REG.22.613 - ACCESS REQUIREMENTS ............................................................................................... 6-6
REG.22.614 - RUN-ON/RUN-OFF CONTROL SYSTEMS ....................................................................... 6-6
REG.22.615 - SURFACE WATER REQUIREMENTS................................................................................ 6-6
REG.22.616 - LIQUIDS RESTRICTIONS ................................................................................................. 6-7
REG.22.617 - RECORDKEEPING REQUIREMENTS ................................................................................ 6-7
REG.22.618 - OPERATING PLAN AND NARRATIVE ............................................................................. 6-8
REG.22.619 - ANNUAL ENGINEERING INSPECTION REPORTS ............................................................ 6-8
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REG.22.620 - GROUND WATER STANDARDS FOR SOLID WASTE FACILITIES AND PRACTICES ....... 6-9
REG.22.621 - MINIMUM DESIGN CRITERIA ...................................................................................... 6-10
REG.22.622 - SURVEY CONTROL ....................................................................................................... 6-11
REG.22.623 - SURFACE WATER CONTROL........................................................................................ 6-11
REG.22.624 - LINER AND FINAL COVER DESIGN AND CONSTRUCTION .......................................... 6-11
REG.22.625 - EARTHWORK BALANCE ............................................................................................... 6-11
REG.22.626 - LANDFILL CONFIGURATION ........................................................................................ 6-11
REG.22.627 - OTHER REQUIREMENTS .............................................................................................. 6-11
CHAPTER 7 SPECIAL MATERIALS REQUIREMENTS ................................................................... 7-1
REG.22.701 - GENERAL PROVISIONS ................................................................................................... 7-1
REG.22.702 - ASBESTOS CONTAINING MATERIAL .............................................................................. 7-1
REG.22.703 - INCINERATOR ASH ......................................................................................................... 7-1
REG.22.704 - WATER AND WASTEWATER TREATMENT SLUDGE ...................................................... 7-2
REG.22.705 - LIQUID OR SEMI-LIQUID COOKING AND FOOD WASTES CATEGORY......................... 7-2
REG.22.706 - TIRES .............................................................................................................................. 7-3
REG.22.707 - DISPOSAL OF SPENT PESTICIDE AND HERBICIDE CONTAINERS.................................. 7-3
REG.22.708 - PETROLEUM CONTAMINATED SOILS ............................................................................ 7-3
REG.22.709 -LIGHTS CONTAINING MERCURY .................................................................................... 7-4
CHAPTER 8 COMPOSTING FACILITIES ............................................................................................ 8-1
REG.22.801 - APPLICABILITY AND EXEMPTIONS ............................................................................... 8-1
REG.22.802 - COMPOSTING FACILITY CLASSIFICATIONS .................................................................. 8-2
REG.22.803 - LOCATION RESTRICTIONS AND SITING REQUIREMENTS ............................................. 8-2
REG.22.804 - APPLICATION REQUIREMENTS ...................................................................................... 8-3
REG.22.805 - OPERATIONAL REQUIREMENTS .................................................................................... 8-6
REG.22.806 - DESIGN REQUIREMENTS ................................................................................................ 8-7
REG.22.807 - TESTING OF RUN-OFF AND COMPOST ......................................................................... 8-9
REG.22.808 - RECORDKEEPING AND REPORTING .............................................................................. 8-9
REG.22.809 - COMPOST UTILIZATION............................................................................................... 8-10
REG.22.810 - CLOSURE AND FINANCIAL ASSURANCE ...................................................................... 8-11
CHAPTER 9 TRANSFER STATIONS ..................................................................................................... 9-1
REG.22.901 - GENERAL PROVISIONS ................................................................................................... 9-1
REG.22.902 - LOCATION RESTRICTIONS AND SITING REQUIREMENTS ............................................. 9-1
REG.22.903 - APPLICATION REQUIREMENTS ...................................................................................... 9-3
REG.22.904 - OPERATIONAL REQUIREMENTS .................................................................................... 9-4
REG.22.905 - DESIGN REQUIREMENTS ................................................................................................ 9-6
REG.22.906 - CLOSURE AND FINANCIAL ASSURANCE ........................................................................ 9-7
REG.22.907 RECORDKEEPING REQUIREMENTS .................................................................................. 9-8
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CHAPTER 10 CONSTRUCTION AND DEMOLITION RECOVERY FACILITIES AND
MATERIAL RECYCLING FACILITIES .............................................................................................. 10-1
REG.22.1001 - APPLICABILITY .......................................................................................................... 10-1
REG.22.1002 - MATERIAL RECYCLING FACILITIES ......................................................................... 10-1
REG.22.1003 - LOCATION RESTRICTIONS AND SITING REQUIREMENTS ......................................... 10-2
REG.22.1004 - APPLICATION REQUIREMENTS .................................................................................. 10-3
REG.22.1005 - OPERATIONAL REQUIREMENTS ................................................................................ 10-4
REG.22.1006 - DESIGN CRITERIA ...................................................................................................... 10-6
REG.22.1007 - CLOSURE AND FINANCIAL ASSURANCE .................................................................... 10-8
CHAPTER 11 GEOTECHNICAL AND HYDROGEOLOGICAL INVESTIGATIONS.................. 11-1
REG.22.1101 - GENERAL REQUIREMENTS ........................................................................................ 11-1
REG.22.1102 - CLASS 1 AND CLASS 3 LANDFILLS ............................................................................ 11-1
REG.22.1103 - MONITORING WELL CONSTRUCTION ....................................................................... 11-5
REG.22.1104 - CLASS 4 LANDFILLS ................................................................................................... 11-6
CHAPTER 12 GROUND WATER MONITORING AND CORRECTIVE ACTION....................... 12-1
REG.22.1201 - APPLICABILITY .......................................................................................................... 12-1
REG.22.1202 - GROUND WATER MONITORING SYSTEMS ................................................................ 12-3
REG.22.1203 - GROUND WATER SAMPLING AND ANALYSIS REQUIREMENTS ................................ 12-4
REG.22.1204 - DETECTION MONITORING PROGRAM ....................................................................... 12-8
REG.22.1205 - ASSESSMENT MONITORING PROGRAM ................................................................... 12-11
REG.22.1206 - ASSESSMENT OF CORRECTIVE MEASURES ............................................................. 12-14
REG.22.1207 - SELECTION OF REMEDY .......................................................................................... 12-15
REG.22.1208 - IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM ............................... 12-18
CHAPTER 13 CLOSURE AND POST-CLOSURE CARE................................................................... 13-1
REG.22.1301 - CLOSURE CRITERIA ................................................................................................... 13-1
REG.22.1302 - POST CLOSURE CARE REQUIREMENTS ..................................................................... 13-4
REG.22.1303 - CLOSURE OF OPEN DUMPS AND UNPERMITTED FACILITIES .................................. 13-6
REG.22.1304 - LANDFILL POST-CLOSURE CLEAN UP RESTRICTIONS ............................................. 13-6
CHAPTER 14 FINANCIAL ASSURANCE CRITERIA....................................................................... 14-1
REG.22.1401 - APPLICABILITY AND EFFECTIVE DATE .................................................................... 14-1
REG.22.1402 - FINANCIAL ASSURANCE FOR CLOSURE .................................................................... 14-1
REG.22.1403 - FINANCIAL ASSURANCE FOR POST-CLOSURE CARE ................................................ 14-2
REG.22.1404 - FINANCIAL ASSURANCE FOR CORRECTIVE ACTION ................................................ 14-3
REG.22.1405 - ALLOWABLE MECHANISMS ....................................................................................... 14-4
REG.22.1406 - FINANCIAL ASSURANCE REQUIREMENTS PRIOR TO APRIL 9, 1995 BANKRUPTCY,
FORFEITURE, AND PERMIT TRANSFERS .......................................................................................... 14-19
CHAPTER 15 ENFORCEMENT ............................................................................................................ 15-1
REG 22.1501- INSPECTION AND ENFORCEMENT .............................................................................. 15-1
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REG 22.1502- VIOLATIONS ................................................................................................................ 15-1
REG.22.1503- CIVIL PENALTIES ........................................................................................................ 15-1
REG.22.1504- CRIMINAL PENALTIES ................................................................................................ 15-2
CHAPTER 16 OTHER PROVISIONS.................................................................................................... 16-1
REG.22.1601- SEVERABILITY ............................................................................................................ 16-1
REG.22.1602- EFFECTIVE DATE ........................................................................................................ 16-1
List of Tables
Table 1 Design Standard Concentration Values .......................................................................................... 4-19
Table 2 Compost Quality Verification......................................................................................................... 8-12
List of Appendices
Appendix 1 - Constituents for Detection Monitoring
Appendix 2 - List of Hazardous Inorganic and Organic Constituents
Appendix 3 - Maximum Contaminant Levels (MCLs) Promulgated Under the Safe Drinking Water Act
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Chapter 1 Preliminary Provisions
Reg.22.101- Title
The following rules and regulations of the State of Arkansas, Pollution Control and Ecology Commission
adopted pursuant to the Arkansas Solid Waste Management Act (Act 237 of 1971 as amended; Arkansas
Code of 1987 Annotated ' 8-6-201 et seq.), shall be known as Regulation Number 22 "Solid Waste
Management" and referred to herein as Regulation 22.
Reg.22.102- Definitions
Unless otherwise noted, all terms contained in the regulations are defined by their plain meaning. This
section contains definitions for terms that appear throughout these regulations; additional definitions may
appear in the specific sections to which they apply. Except where noted otherwise, the term ‘may’ is
permissive and the term ‘shall’ is a directive or requirement. When used in the regulations:
Active life means the period of operation beginning with the initial receipt of solid waste and ending at
completion of closure activities, but not including the post closure care period.
Active portion means that part of a facility or unit that has received or is receiving wastes and has received
only a six inch daily cover layer or a layer of approved alternative cover materials as required by
Reg.22.413(a) and (b). The active portion does not include areas that have received the intermediate cover
layer described in Reg.22.413(b) or that have been closed in accordance with the closure requirements of
Reg.22.1301 of this regulation.
Airport means public-use airport open to the public without prior permission and without restrictions within
the physical capacities of available facilities.
Aquifer means a geological formation, group of formations, or portion of a formation capable of yielding
significant quantities of ground water to wells or springs. Significant quantities of ground water shall be a
defined as an adequate amount of water to conduct all required analytical tests.
Areas susceptible to mass movement means those areas of influence (i.e., areas characterized as having an
active or substantial possibility of mass movement) where the movement of earth material at, beneath, or
adjacent to the unit, because of natural or man-induced events, results in the downslope transport of soil and
rock material by means of gravitational influence. Areas of mass movement include, but are not limited to,
landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.
Beneficial Fill means materials for use in filling low areas, improving drainage or stabilizing slopes or
embankments. However, placement of beneficial types of fill material into a prepared hole may not be
considered 'beneficial,' but may constitute unpermitted disposal. Projects that incorporate the use of
beneficial fill material shall generally be completed within less than 60 days.
Beneficial fill material includes asphalt, brick, concrete, ceramics, and uncontaminated soil or dirt.
Additional materials may be considered by the Director on a case-by-case basis prior to initiation of fill
activity. Nothing in this section is to preclude the use of recovered materials as cited in Reg.22.103 (i) and
(j).
Bird hazard means an increase in the likelihood of bird/aircraft collisions that may cause damage to the
aircraft or injury to its occupants.
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Class 1 wastes means nonhazardous household, commercial, and industrial solid waste as defined herein;
and small quantities of conditionally exempt hazardous wastes.
Class 3 wastes means nonhazardous commercial, industrial and special solid wastes that are permitted by
the Department to be disposed of in a Class 3 landfill.
Class 4 wastes means nonhazardous, bulky, inert, nonputrescible solid wastes that do not degrade, or
degrade very slowly and are permitted by the Department to be disposed of in a Class 4 landfill. Class 4
wastes include construction and demolition wastes, appliances, furniture, stumps, limbs and other bulky
wastes that are not normally collected with other household, commercial or industrial waste.
Commercial solid waste means all types of solid waste generated by stores, offices, restaurants,
warehouses, and other nonmanufacturing activities, excluding household and industrial waste.
Commission means the Pollution Control and Ecology Commission of the State of Arkansas.
Composting means the deliberate aerobic, biological decomposition of yard waste or other solid waste,
resulting in a stable humus-like product.
Construction of permitted facilities or Construction shall refer to activities for which regulatory design
and construction standards are provided herein. Clearing and grubbing, ingress and egress roadways, storm
water facilities, office and garage buildings, scales, electrical and water utilities, purchasing of rolling
equipment, and site monitoring wells are not considered as construction of permitted landfill disposal
facilities. However, the construction of the items listed above shall have no bearing on the approval or
disapproval of an application, nor shall the construction activities relieve the applicant from meeting any
design or construction requirements. The Initiation of Construction of permitted landfill disposal facilities
does refer to the construction of clay liner system or composite liner system, leachate control and
management systems.
The Initiation of Construction of other types of permitted solid waste management or processing facilities
shall refer to any activities including and following the construction of footings or foundation.
Construction and Demolition (C&D) waste means any and all material and debris that might result from
the construction or demolition of any building or other manmade structure including but not limited to
single and multi family dwellings, commercial buildings, road and highway construction and repair,
remodeling and additions to existing structures and roofing. Materials may include (but are not limited to)
dimensional lumber, roofing materials, bricks, concrete blocks, siding, gypsum (drywall), masonry, metal,
cardboard, concrete with and without rebar, fill materials (including earth, gravel and stone), glass, and any
other material that may be used in any construction project or may be salvaged from any demolition project.
Construction and Demolition Recycling Facility (C&DRF) means a facility that provides for the
extraction from mixed construction and demolition waste of recoverable materials..
Construction Quality Assurance refers to the means and actions used to assure conformity of the liner and
cover system component production and installation to the approved Construction Quality Assurance Plan.
Construction Quality Control means those actions taken by manufacturers, fabricators, and/or installers to
ensure that materials and workmanship meet the requirements of the approved Construction Quality
Assurance Plan.
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Contaminated soils means those soils that have been physically, chemically, or biologically altered from
their natural state. As used in this regulation, a soil is contaminated if it has come into contact and/or mixed
with some other substance such that the soil or substance and soil mixture is a threat to human health or the
environment, and requires remediation, treatment, or disposal in accordance with these regulations to
mitigate such threats.
Department means the Department of Environmental Quality of the State of Arkansas, or its successor,
including the Director and Department Staff.
Destruction or adverse modification means a direct or indirect alteration of critical habitat that
appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using
that habitat.
Director means the Director of the Department of Environmental Quality or the Director's designee.
Director of an approved state means the chief administrative officer of a State agency responsible for
implementing the State municipal solid waste permit program or other system of prior approval that is
deemed to be adequate by EPA under regulations published pursuant to section 4005 of RCRA. "Director,"
the "State Director" and "Director of an approved State" shall have the same meaning.
Disease vectors means any rodents, flies, mosquitoes, or other animals, including insects, capable of
transmitting disease to humans.
Design Narrative means that portion of the narrative that describes the design of the solid waste
management facility.
Displacement means the relative movement of any two sides of a fault measured in any direction.
Disposal means abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste
into or on any land or water so that such solid waste or any constituent thereof may enter the environment or
be emitted into the air or discharged into any water.
Disposal site or Disposal facility means any place at which solid waste is dumped, abandoned, or accepted
or disposed of for final disposition by incineration, landfilling or any other method. The operations of
wastewater treatment facilities permitted under the National Pollutant Discharge Elimination System
(NPDES), Underground Injection Control (UIC) program and hazardous waste management facilities
permitted under the Arkansas Hazardous Waste Management Act (A.C.A. ' 8-7-201 et seq.) shall not be
deemed to be disposal sites or facilities for the purposes of this Regulation.
Endangered or threatened species means any species listed as such pursuant to Section 4 of the
Endangered Species Act.
Existing municipal solid waste landfill unit means any municipal solid waste landfill unit that is receiving
solid waste as of the appropriate compliance dates specified in Reg.22.103(f). Waste placement in existing
units must be consistent with past operating practices or modified practices to ensure good management.
Facility means all contiguous land and structures, other appurtenances, and improvements on the land used
for the disposal, treatment or processing of solid waste.
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Fault means a fracture or a zone of fractures in any material along which strata on one side have been
displaced with respect to that on the other side.
Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters, including floodprone areas of offshore islands, that are inundated by the 100-year flood.
Gas condensate means the liquid generated as a result of gas recovery processes at the landfill.
General Permit means a single common permit issued by the Department following public notice and
comment for a class of solid waste processing facility owners and operators. Eligible owners and operators
may construct and operate under the terms of the general permit without obtaining an individual permit.
Ground water or groundwater means water below the land surface in a zone of saturation.
Hauler means a person engaged in the collection or transportation of solid waste for disposal, transfer or
storage. Hauler does not include a person transporting non-commercial waste to a permitted facility.
Hazardous waste means a hazardous waste as defined by Regulation Number 23 of the Pollution Control
and Ecology Commission.
Hazardous waste generated by conditionally exempt small quantity generators means waste generated
by persons meeting the criteria set forth at 40 CFR 261.5 as incorporated by reference in Regulation
Number 23 of the Pollution Control and Ecology Commission, or such lesser volumes as are identified by
state regulations that are in effect at the time of generation or storage of such waste.
Herbicide and pesticide container means a spent container that has contained (a) any substance or mixture
of substances intended for preventing, destroying, repelling, or mitigating any pests, (b) any substance or
mixture of substances intended for use as a plant regulator, defoliant, desiccant, and (c) any substance or
mixture of substances intended to be used as a spray adjuvant and not controlled by the Arkansas Hazardous
Waste Management Act [A.C.A. ' 8-7-201 et seq.] and Regulation Number 23 of the Pollution Control and
Ecology Commission.
Highly toxic pesticide container means a spent container that has contained any pesticide determined to be
a highly toxic pesticide that under the authority of Section 25 (a)(2) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) the Arkansas Hazardous Waste Management Act (A.C.A. ' 8-7-201 et seq.)
and Regulation Number 23 of the Pollution Control and Ecology Commission.
Holocene means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene
Epoch to the present.
Household waste means any solid waste (including garbage, trash, and sanitary waste in septic tanks)
derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger
stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
Incinerator ash means any tangible residue resulting from the incineration of solid waste.
Individual permit means a permit issued by the Director to a person as defined herein for the construction
of a solid waste disposal or processing facility pursuant to the requirements of Regulation 22.
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Industrial solid waste means solid waste generated as a result of manufacturing or industrial processes that
is not a hazardous waste regulated under Subtitle C of RCRA or as defined by Regulation Number 23,
Sections 260.10 and 261.3, of the Pollution Control and Ecology Commission. Such waste may include, but
is not limited to, waste resulting from the following manufacturing or industrial processes: Electric power
generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals;
iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries;
organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment;
and water treatment. This term does not include mining waste or oil and gas waste.
Infectious waste means laboratory wastes, including pathological specimens (i.e., all tissues, specimens of
blood elements, excreta and secretions obtained from patients and laboratory animals) and disposal fomites
(any substance which may harbor or transmit pathogenic organisms) attendant thereto. It also means
surgical operating room pathologic specimens and disposal fomites attendant thereto and similar disposal
materials from out-patient areas and emergency rooms, including equipment, instruments, utensils and
fomites of a disposal nature from the rooms of patients who are suspected to have or have been diagnosed as
having a communicable disease and must, therefore, be isolated, as required by public health agencies.
Karst terrains means areas where karst topography, with its characteristic surface and subterranean
features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock.
Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes,
sinking streams, caves, large springs, and blind valleys.
Land application unit means an area where wastes are applied onto or incorporated into the soil surface
(excluding manure spreading operations) for agricultural purposes or for treatment and disposal.
Landfill or landfill unit means a discrete area of land or an excavation that is permitted by the Department
under these regulations and receives solid waste for disposal, and that is not a land application unit, surface
impoundment, injection well or waste pile, as those terms are defined under 40 CFR 257.2.
Lateral expansion means a horizontal expansion of the waste boundaries of an existing municipal solid
waste landfill unit.
Leachate means a liquid that has passed through or emerged from solid waste and contains soluble,
suspended, or miscible materials removed from such waste.
Lithified earth material means all rock, including all naturally occurring and naturally formed aggregates
or masses of minerals or small particles of older rock that formed by crystallization of magma or by
induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and
asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
Liquid waste means any waste material that is determined to contain "free liquids" as defined by Method
9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods" (EPA Pub. No. SW-846).
Material Recycling Facility or MRF means a facility engaged solely in practices related to the
management or diversion of source separated recoverable materials from the waste stream including storage,
processing, marketing or reuse of recovered materials. Such term shall not include a solid waste recovery or
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handling facility provided; however, that any solid waste generated by such facility shall be subject to all
applicable laws and regulations relating to such solid waste.
Maximum horizontal acceleration in lithified earth material means the maximum expected horizontal
acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration
will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific
seismic risk assessment.
Medical waste means a waste from health care related facilities which if improperly treated, handled or
disposed of may serve to transmit an infectious disease(s) and as further defined by A.C.A. ' 20-32-101 et
seq.
Monofill means a separately permitted landfill or landfill unit specifically designed and operated for the
sole disposal of incinerator ash, sludge, tires, or other wastes where only a single type of waste is placed in
the landfill unit.
Municipal solid waste landfill unit means a discrete area of land or an excavation that receives household
waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those
terms are defined under 40 CFR 257.2. A municipal solid waste landfill unit also may receive other types of
RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A
municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal
solid waste landfill unit or a lateral expansion.
Municipality means a city of the first class or city of the second class or an incorporated town.
Narrative means the document or documents provided with the permit application that includes all written
documentation required by the Department to evaluate the proposed design, construction, and operation of
the solid waste management facility.
New municipal solid waste landfill unit means any municipal solid waste landfill unit that has not received
waste prior to the compliance dates specified in Reg.22.103(f).
One hundred (100) -year flood means a flood that has a 1-percent or greater chance of recurring in any
given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a
significantly long period.
Open dump means a site that has been used for the disposal of solid waste which is not a permitted solid
waste disposal facility.
Open burning means the combustion of solid waste without:
1.
Control of combustion air to maintain adequate temperature for efficient combustion,
2.
Containment of the combustion reaction in an enclosed device to provide sufficient residence
time and mixing for complete combustion, and
3.
Control of the emission of the combustion products.
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Operating Plan and Narrative means that portion of the narrative that describes the operating procedures
of the solid waste management facility.
Operator means, for the purposes of this regulation, the person(s) responsible for the overall operation of a
solid waste management facility or part of a facility. This definition shall not be construed to have the same
meaning as a solid waste facility operator as defined and used in Regulation Number 27, Licensing of
Operators of Solid Waste Management Facilities and Illegal Dumps Control Officers.
Owner means the person(s) who owns a solid waste management facility or part of a facility.
Person means any individual, corporation, company, firm, partnership, association, trust, state agency,
government instrumentality or agency, institution, county, city, town or municipal authority or trust, venture
or other legal entity, however organized.
Petroleum contaminated soils means those soils which have been physically, chemically or biologically
altered by gasoline, diesel, kerosene, heating oil, jet fuel or any other petroleum product.
Poor foundation conditions means those areas where features exist which indicate that a natural or maninduced event may result in inadequate foundation support for the structural components of a landfill unit.
Potentiometric surface means the surface to which water in an aquifer would rise by hydrostatic pressure.
Practices means the act or method of managing of solid waste.
Process Waste means solid waste resulting from an industrial or manufacturing processing operation.
Putrescible wastes means solid waste which contains organic matter capable of being decomposed by
microorganisms and of such a character and proportion as to be capable of attracting or providing food for
birds and other potential disease vectors.
Recovered Materials includes but is not limited to metal, paper, glass, plastic, textile, yard trimmings, or
rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and
source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials,
whether or not the materials require subsequent processing or separation from each other, but does not
include materials destined for any use that constitutes disposal. Recovered materials as described above are
not solid waste for purposes of this regulation.
Recycling means the systematic collection, sorting, decontaminating, and returning of waste materials to
commerce as commodities for use or exchange by separating or diverting an item or items from the solid
waste stream for the purpose of processing it or causing it to be processed into a material product, including
compost, in order to provide for the final disposition of the material product in a manner other than
landfilling or incineration.
Regional Solid Waste Management Board means a Regional Solid Waste Management Board formed
under A.C.A. '8-6-701 et seq.
Regional Solid Waste Management District means a Regional Solid Waste Management District formed
under A.C.A. ' 8-6-701 et seq.
Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
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Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
Safety means practices designed to reduce or prevent injury or damage to the public or to the environment.
Salvage means the approved, controlled removal of reusable material, but shall exclude food products and
all other putrescible wastes.
Saturated zone means that part of the earth's crust in which all voids are filled with water.
Scavenging means the manual sorting and/or recovery of materials from the waste stream, either in the
trucks, at the face of the fill, or in unconfined truck discharge areas by individuals not employed or
associated with the landfill operation.
Seismic impact zone means an area with a two percent (2%) or greater probability that the maximum
horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull
will exceed 0.10g in fifty (50) years.
Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the
treated effluent from a wastewater treatment plant.
Solid waste means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment
plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or
contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and
from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or
dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit
under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923).
Solid waste boundary means the outermost perimeter of the solid waste (projected in the horizontal plane)
as it would exist at completion of the disposal activity.
Solid waste management plan means a plan developed according to the provisions of the Solid Waste
Management Act, A.C.A. '8-6-201 et seq., and guidelines of the Department, and which is subject to
approval by the Department.
Solid waste management system means the entire process of storage, collection, transportation, processing,
treatment, and disposal of solid waste, and includes equipment, facilities and operations designed for solid
waste management activities, including recycling, source reduction, and the enforcement of solid waste
management laws and ordinances.
Solid waste recovery facility (WRF) means a solid waste handling facility that provides for the extraction
from mixed solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or
any combination of such materials. Due to the similiarity of functions, WRF operations are required to meet
all permitting requirements for transfer stations, including obtaining a certificate of need from the Regional
Solid Waste Management District.
Solid waste processing facility means a composting facility, transfer station, solid waste recovery facility
or other facility that handles or processes solid waste.
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Source separated recovered materials means the recovered materials that have been separated from the
solid waste stream at the point of generation or at a solid waste materials recovery facility. The term does
not require that various types of recovered materials be separated from each other and recognizes de
minimis solid waste, in accordance with industry standards and practices, may be included in the recovered
materials.
Special materials means any materials that require special handling precautions and disposal procedures by
the landfill owner or operator beyond the normal activities associated with landfill operations. Special
materials includes those items listed in Chapter 7 of this Regulation and other process wastes and
conditionally exempt small quantity generator wastes requiring special handling procedures.
State means the State of Arkansas.
Surface impoundment or Impoundment means a facility or part of a facility that is a natural topographic
depression, human-made excavation, or diked area formed primarily of earthen materials (although it may
be lined with human-made materials), that is designed to hold an accumulation of liquid wastes or wastes
containing free liquids and that is not an injection well. Examples of surface impoundments are holding,
storage, settling, and aeration pits, ponds, and lagoons.
Structural components means landfill liners, leachate collection systems, final covers, run-on/run-off
systems, and any other component used in the construction and operation of the unit that is necessary for
protection of human health and the environment.
Taking of endangered species means harassing, harming, pursuing, hunting, wounding, killing, trapping,
capturing, or collecting of an endangered species or attempting to engage in such conduct.
Transfer station means any facility used to manage the removal, segregation, processing, and transfer of
solid waste from collection vehicles and containers, and from other private and commercial vehicles to
greater capacity transport vehicles.
Type O Compost Material means source separated organic wastes, such as paper, food wastes, foodprocessing wastes, or yard waste or municipal sewage sludge in combination with these wastes.
Type S Compost Material means mixed solid wastes such as household garbage, nonhazardous
commercial wastes, or yard waste, source separated organic wastes, or sewage sludge in combination with
these wastes.
Type Y Compost Material means yard waste and other vegetative materials such as grass clippings, leaves,
and shredded or chipped brush, and tree prunings.
Unauthorized Waste means regulated hazardous wastes as defined in 40 CFR Part 261, polychlorinated
biphenyls (PCB) wastes regulated under the Toxic Substances Control Act (TSCA) for disposal as defined
in 40 CFR Part 761, and all other wastes which are not allowed for disposal due to the provisions of this
regulation, specific permit conditions, or not allowed by Arkansas law.
Underground drinking water source means an aquifer supplying drinking water for human consumption,
or an aquifer in which the ground water contains less than 10,000 mg/l total dissolved solids.
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Unstable area means a location that is susceptible to natural or human-induced events or forces capable of
impairing the integrity of some or all of the landfill structural components responsible for preventing
releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass
movements, and Karst terranes.
Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as
well as, lower aquifers that are hydraulically interconnected with this aquifer within the facility's property
boundary.
Vector shall have the same meaning as "Disease vector".
Washout means the carrying away of solid waste by waters of the base flood.
Waste management unit boundary means a vertical surface located at the hydraulically down gradient
limit of the unit. This vertical surface extends down into the uppermost aquifer.
Waste pile or Pile means any noncontainerized accumulation of solid, nonflowing, waste that is used for
treatment or storage.
Water table means the surface of unconfined water at which pressure is atmospheric and is defined by the
levels at which water stands in wells that penetrate the ground water surface.
Wetlands means those areas of land that are defined in 40 CFR 232.2(r).
Yard waste means grass clippings, leaves, and shrubbery trimmings.
Reg.22.103- Purpose, Scope, And Applicability
(a)
Purpose - The purpose of these regulations is to establish standards and criteria for location
restrictions; permit application procedures; design, operations, and maintenance; financial
assurance; ground water monitoring and corrective action; and closure and post-closure care for all
solid waste disposal and management facilities to ensure the protection of human health and the
environment.
(b)
Scope - These regulations are based on the provisions of Arkansas law cited in Reg.22.201 and
upon Title 40 Code of Federal Regulations (CFR) Part 257 and Part 258andthe Arkansas Solid
Waste Management Act (ACA 8-6-201 et seq.) as amended. The Part 258 regulations were
promulgated under authority of Subtitle D of the Resource Conservation and Recovery Act
(RCRA) and are thus commonly referred to as "Subtitle D Criteria" or "Subtitle D." Regulations
contained herein for all other solid waste disposal facilities not regulated under Subtitle D of
RCRA are based upon criteria contained in 40 CFR Part 257.
(c)
Applicability - These regulations apply to owners or operators of all solid waste disposal or
processing facilities, except as specifically provided, including but not limited to the following
permit categories, each of which requires either a separate individual permit or coverage under a
general permit:
(1)
Class 1 facilities are landfills built to RCRA Subtitle D standards, as incorporated
herein for the acceptance of all nonhazardous wastes.
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(2)
Class 2 [Reserved]
(3)
Class 3 NonCommercial (3N) facilities are landfills that accept for disposal
nonhazardous industrial and commercial wastes generated by the permittee and do not
accept waste for disposal from any other source.
(4)
Class 3 Commercial (3C) facilities are landfills that accept for disposal only authorized
nonhazardous industrial and commercial wastes generated by the permittee or from
other approved facility locations or sources.
(5)
Class 3 Tire (3T) facilities are tire monofills that accept only processed tires or whole
baled tires for disposal.
(6)
Class 4 facilities are landfills for the commercial disposal of inert nonputrescible Class
4 wastes as defined herein.
(7)
Composting Facilities (CY) are facilities that accept only vegetative grass, brush and
tree yard wastes.
(8)
Composting Facilities (CO) are facilities that accept type Y wastes and approved
organic wastes.
(9)
Composting Facilities (CS) are facilities that accept type Y wastes and approved solid
wastes.
(10)
Transfer Stations (TS) are facilities that manage the bulking of solid waste for
transportation to a point of disposal.
(11)
Solid Waste Recovery Facilities (WRF) are facilities that segregate, recover, or
otherwise process recyclable materials from Class 4 types of waste streams.
(d)
General Effective Date – Unless other wise specified in these regulations, compliance is required
on the effective date of the regulations.
(e)
Class 1 Landfill Compliance Exemption – Class 1 landfills that received waste after October 9,
1991 but stopped receiving waste before the compliance date specified in Reg.22.103(f) are
exempt from the requirements of this regulation except for the closure and post closure care
requirements of Chapter 13. The final landfill cover required under Chapter 13 must be installed
by October 9, 1994. Owners or operators that fail to complete cover installation by October 9,
1994 will be subject to all of the requirements of this regulation unless otherwise specified.
(f)
Compliance Date for Class 1 Landfills – The compliance date for Class 1 landfils for all
requirements of this regulation, unless otherwise specified is:
(1)
October 9, 1993 for all municipal solid waste landfill units that received waste on of
after October 9, 1993 except those that qualify for an extension as described below, or
(2)
April 9, 1994 for an existing municipal solid waste landfill unit or a lateral expansion of
an existing municipal solid waste landfill unit that meets the following conditions:
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(i)
The municipal solid waste landfill unit disposed of less than 100 tons per day (TPD)
or less of solid waste during a representative period prior to October 9, 1993;
(ii)
The unit did not dispose of more than an average of 100 TPD of solid waste each
month between October 9, 1993 and April 9, 1994; and
(iii)
The municipal solid waste landfill unit is not on the National Priorities List (NPL)
as found in Appendix B to 40 CFR Part 300.
(g)
General Permits for Solid Waste Processing Facilities - The Department may develop and issue
general permits for any categories of solid waste processing facilities. To qualify for inclusion
under a general permit, applicants shall be required to submit a notice of intent and supporting
documentation. Facilities and practices not qualifying for inclusion under the conditions of a
general permit shall be required to obtain individual permits.
(h)
Facilities Classified as Open Dumps - Municipal solid waste landfill units and other solid waste
facilities and practices failing to satisfy the criteria established in these regulations are considered
open dumps for purposes of this regulation and State solid waste management planning under
RCRA and are prohibited under Section 4005 of RCRA. As provided in 40 CFR 258.1 municipal
solid waste landfill units containing sewage sludge and failing to satisfy the criteria established in
these regulations violate sections 309 and 405(e) of the Clean Water Act.
(i)
Use of Recovered Materials - Provided that the Department may rescind this authorization based
on environmental, public health or other factors, the use of recovered materials as defined in
Reg.22.102, whether the recovered material is directly reused, used in a manufacturing process,
used as a construction material, or is inert material used as beneficial fill material, shall not
constitute the disposal of solid waste for purposes of this regulation provided that such use of
recovered materials will not result in adverse impacts to the air or surface and ground water
quality.
(j)
Approval may not be required for the use of recovered materials except that the Director may
impose conditions on the use and re-use of materials otherwise classified as solid waste on a caseby-case basis to assure protection of air, or surface and ground water quality.
(k)
Adoption of Subsequent Federal Regulations - The Director, after the date of promulgation of any
new or revised federal solid waste disposal facility regulations, shall conduct rulemaking
procedures with reference to these regulations as necessary to maintain a State Solid Waste
Management Program equivalent to the federal program. Such new or revised federal regulations,
upon the date of their publication as final rules of the U.S. Environmental Protection Agency shall
constitute minimum guidelines to the Director in formulating rule making proposals to these
regulations, and shall not be construed to limit or interfere with the adoption of provisions more
stringent than federal regulations subject to the provisions of ACA ' 8-1-203.
(l)
Contaminated Soil Remediation Exclusion - The provisions of these regulations shall not apply to
the on-site disposal or on-site placement of contaminated soils if:
(1)
The activities in question are part of an environmental remediation effort being
conducted pursuant to an approved written plan or order submitted to or issued by the
Department; and
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(2)
The activities are carried out wholly within the boundaries of the site that is the subject
of the remediation; provided, however, that for purposes of satisfying the conditions of
this subsection, use of private or public streets, roads, or drives to transport such soils
from one part of a site to another part of the same site shall not be considered off-site
activities, so long as the transportation is in accordance or consistent with the written
plan or order
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Chapter 2 Regional And Local Solid Waste Management Systems
Reg.22.201- Regional Solid Waste Management Boards
(a)
District Boundaries - In accordance with A.C.A. '8-6-701 et seq. and except as provided A.C.A. ' 86-723, the boundaries of regional solid waste management districts shall be approved by the
Commission.
(b)
Solid Waste Management System- Each regional solid waste management board shall develop a
regional solid waste management system plan to provide for a solid waste management system
within the district. The plan shall be submitted to the Department for approval.
Reg.22.202 - Licensing Haulers Of Solid Waste
(a)
Applicability - A person who engages in the business of hauling solid waste must obtain a license
from the Regional Solid Waste Management Board or Boards having jurisdiction if:
(b)
(1)
the person is engaged in the collection of solid waste within the district; or
(2)
is engaged in the transportation of solid waste for disposal or storage in the district.
Exemptions from Licensing - Persons exempt from licensing shall comply with all other applicable
standards required under this section or by District rules adopted pursuant to this section. For
purpose of this section, a license shall not be required for:
(1)
An individual hauling only their own household waste to a permitted facility;
(2)
The transport of solid waste from an industrial facility to its own Class 3N landfill; or for
(3)
A Solid Waste Management District engaged in the hauling of solid waste within its own
district.
(c)
Issuance of a License - A license shall be issued only to a person, partnership, corporation,
association, the State of Arkansas, a political subdivision of the state, an improvement district, a
sanitation authority, or another regional solid waste management district.
(d)
Hauler Classifications - The following classification of haulers shall apply:
(1)
A Type I hauler hauls all categories of nonhazardous solid waste as identified in Regulation
22 with the exception of waste tires;
(2)
A Type II hauler hauls only process waste and special materials as identified in Regulation
22, with the exception of waste tires
(e)
Financial Assurance - Any hauler applying for a license must establish financial responsibility to the
Board. Proof of liability insurance will be required and may be considered adequate financial
responsibility.
(f)
Licensing Standards - For purposes of this section the following licensing standards and
classifications apply. Any person who transports wastes shall:
(1)
Hold the appropriate driver's license as defined by Arkansas Law;
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(2)
(g)
Register the operation with the Regional Solid Waste Management Board providing:
(i)
Name, address, and telephone number of registrant
(ii)
Description of vehicle to be registered including:
a)
Make, model, and year of vehicle;
b)
Vehicle ID number;
c)
License plate number;
d)
Name of vehicle owner; and a Description of the nature of wastes and size of
loads.
Hauler Requirements - All collection systems and collection equipment shall meet the following
conditions:
(1)
Solid waste shall be collected and transported so as to prevent public health hazards,
environmental h azards, safety hazards and nuisances, and shall be kept in a sanitary
condition.
(2)
Collection and transportation equipment shall be designed and constructed so as to be leakproof. The waste shall be suitably enclosed or covered so as to prevent roadside littering,
attraction of vectors or creation of other nuisances.
(h)
Adoption of More Restrictive Standards - The Regional Solid Waste Management Boards may
impose more stringent standards than these minimum standards established by the Commission.
(i)
Licensing Fees and Rules - The Regional Solid Waste Management Board may set a reasonable
licensing fee for each type of hauler and may establish licensing requirements based on size of the
haulers' transport vehicle(s)
Reg.22.203 - Local Authority Approval Of Site Selection And Expansion
(a)
Applicability - This Section applies to all new permitted facilities including landfills and solid waste
processing facilities and to the expansion of the permitted acreage of landfills and solid waste
processing facilities.
(b)
Conformance with County-Wide Plans - If the proposed solid waste facility site is located within a
municipality or county that has adopted restrictions on sites in conjunction with a comprehensive
county-wide land use plan, specific geographic site approval from the government(s) of jurisdiction
shall be obtained by the applicant for submission to the Department with the pre-application.
(c)
Conformance with Regional Standards and Rules - If the proposed solid waste facility site is located
within a regional solid waste management district which has adopted restrictions on sites, specific
geographic site approval from the regional solid waste management board of jurisdiction shall be
obtained by the applicant for submission to the Department with the pre-application.
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(d)
Conformance with Other Requirements - As applicable, applicants shall also meet the requirements
of Reg.22.204 regarding high-impact solid waste facilities and Reg.22.205 regarding certificate of
need for landfills.
(e)
Written Approval or Denial - Any approval or denial by local governments or regional solid waste
management boards of solid waste site selection shall be in writing and shall state the basis for the
approval or denial with reference to the specific requirements of the local jurisdiction and this
regulation.
(f)
Notification of Local and Regional Authorities - If the proposed site is located in a municipality or
county that has not adopted restrictions on sites in conjunction with a county-wide comprehensive
land use plan or in a solid waste management district that has not adopted site restrictions, the
applicant shall notify the municipality and county of jurisdiction over the proposed site and the solid
waste management board by certified mail prior to submission of the pre-application. Except as may
be required in Reg.22.204 and Reg.22.205 for landfills, no specific geographic site approval by the
local government entity or regional solid waste management board is required.
Reg.22.204 - Host Community Approval Of Site Selection
(a)
Applicability and Scope - In accordance with A.C.A. ' 8-6-1501 et seq., a rebuttable presumption
exists against permitting the construction or operation of any new landfill within twelve miles of
any existing high-impact solid waste facility. This presumption may be overcome if any of the
following is shown:
(b)
(1)
No other suitable site for such a facility is available within the region or service area
because of the constraints of geology or any other factors listed in Reg.22.205(b); or
(2)
Incentives have prompted the host community to accept the siting of the facility. Such
incentives may include, without limitation:
(i)
Increased employment opportunities;
(ii)
Reasonable host fees not to exceed the prevailing state average;
(iii)
Contributions by the facility to the community infrastructure (e.g. road
maintenance, park development, litter control);
(iv)
Compensation to adjacent individual landowners for any assessed decrease in
property values; or
(v)
Subsidization of community services.
Definitions - For purposes of this section, the following definitions shall apply:
(1)
"High-impact solid waste management facility" shall mean, excluding the facilities
described in subsection (2), any open or closed solid waste landfill, any operating solid
or commercial hazardous waste incinerator and hazardous waste treatment or storage
facility, and any open or closed commercial hazardous waste disposal facility.
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(2)
The term "high-impact solid waste management facility" shall not include the
following:
(i)
Recycling or composting facilities;
(ii)
Waste tire management sites;
(iii)
Solid waste transfer stations;
(iv)
Solid waste landfills which had pre-applications or applications pending for either
increased capacity or new acreage as of the August 13, 1993;
(v)
A facility dedicated solely to the treatment, storage or disposal of solid or hazardous
wastes generated by a private industry where the private industry bears the expense
of operating and maintaining the facility solely for the disposal of waste generated
by the industry or wastes of a similar kind or character; or
(vi)
A facility or activity dedicated solely to a response action at a location listed by the
state or federal government as a hazardous substance site; or
(vii)
An existing facility operating under interim status of the Federal Resource
Conservation and Recovery Act or implementing regulations of the Arkansas
Hazardous Waste Management Act or the Arkansas Hazardous Waste Management
Code.
(viii) Expansion of existing Resource Conservation and Recovery Act Subtitle C or
Arkansas Hazardous Waste Management Act hazardous waste facilities, either
through increased acreage or provision for additional services or increased capacity.
(3)
(c)
"Host Community" shall mean the closest governmental unit as measured along major
facility access roads and highways exercising zoning authority encompassed within a
twelve-mile radius of the site of the proposed high-impact solid waste management
facility.
Department Action and Compliance Requirements - The Department shall not process any preapplication for a new or increased landfill acreage, or an application for increased landfill capacity
until definitive findings in conformance with this section have been provided by the host
community and accepted by the Department. Acceptance or denial of landfill siting by the host
community shall be by formal resolution of the governing body of the host community.
Reg.22.205- Certificate Of Need For Landfills and Transfer Stations
(a)
Applicability - All applicants for a new solid waste landfill permit, new transfer station permit; or
for an expansion of the permitted capacity of an existing landfill, except for permits for Class 3N
Noncommercial landfills, must obtain a certificate of need from the regional board with
jurisdiction over the proposed site.
(b)
Petition Requirements - The petition to the regional board must be in accordance with procedures
adopted by the board but must establish, at a minimum, that the proposed disposal facility:
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(c)
(1)
Is consistent with the regional planning strategy adopted by the board in the regional
needs assessment or the regional solid waste management plan;
(2)
Does not conflict with existing comprehensive land-use plans of any local
governmental entities;
(3)
Does not disturb an archaeological site as recognized by the Arkansas Historic
Preservation Progam, or a rare and endangered species habitat as recognized by the
Arkansas State Game and Fish Commission or the United States Fish and Wildlife
Service;
(4)
Will not adversely affect the public use of any local, state, or federal facility, including,
but not limited to, parks and wildlife management areas;
(5)
Does not conflict with the requirements of local, state or federal laws and regulations
on the location of disposal facilities as outlined in this regulation.
Petition Evaluation - The regional board shall provide for public notice and comment and for one
or more public hearings in the county in which the proposed facility is to be located. The board
shall issue or deny the certificate of need based upon an evaluation of:
(1)
The information provided by the applicant in the petition for a certificate of need;
(2)
The requirements and considerations of any needs assessments prepared pursuant to
this section;
(3)
The location of the applicant's proposed facility based on the district's needs and its
highway and road system;
(4)
The need for a landfill application based upon the district's remaining capacity that is
currently permitted for operation, but in no event shall the district's remaining permitted
capacity exceed thirty (30) years unless the city or county government within whose
jurisdiction the proposed landfill is located authorizes approval of the excess capacity
through the adoption of a resolution. Along with the Certificate of Need for a landfill,
the district shall provide to the Director an allocation of waste capacity for each
permitted landfill within the district’s jurisdiction in order to determine the design
capacity of the proposed facility;
(5)
Any solid waste management system plans, promulgated and approved pursuant to
A.C.A. § 8-6-211 and ' 8-6-212 to the extent these plans conform to an overall regional
planning strategy;
(6)
A detailed history of the applicant's record and that of the stockholders and officers
with respect to violations of environmental laws and regulations of the United States or
any state or any political subdivision of any state; and
(7)
Any procedures adopted by the board for issuance of Certificate of Need.
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(d)
Appeals - Any interested person as defined in Reg.22.206(b)(1) may appeal the board's
determination to the Director pursuant to appeal procedures set forth in Reg.22.206. The Director
may grant or deny a permit if the Director finds, upon appeal, that the decision of the board was
not supported by substantial evidence considering the factors outlined in this section.
Reg.22.206- Appeal Of Certificate Of Need Determination
(a)
Purpose and Intent - A.C.A. '8-6-706(a) requires certain applicants for a solid waste landfill
permit and transfer station permit to obtain a certificate of need from the solid waste management
district board with jurisdiction over the proposed site. A.C.A. '8-6-706(c) provides for an appeal
by any interested party of a certificate of need decision to the Director, pursuant to procedures
adopted by the Commission. It is the intent of the Commission by this rulemaking to promulgate
the procedures to be used for such an appeal.
(b)
Filing an Appeal
(1)
Any person with standing to appeal a certificate of need determination by a board may
appeal the board's determination to the Director by serving the appeal on the Director
by certified mail. The appeal must be received by the Director no later than thirty (30)
days after the date of issuance of the board's written determination. Persons with
standing to appeal the determination shall be only the applicant or permittee and those
persons who submitted written or oral public comments for the record during the
comment period designated by the District.
(2)
The appeal may be in the form of a pleading or a letter and shall contain:
(3)
(c)
(i)
A copy of the board's written determination;
(ii)
The date of the board's determination;
(iii)
The factual and legal grounds that form the basis for the appeal;
(iv)
Copies of all exhibits and other supporting documents; and
(v)
A certificate of service showing that the appeal has been served upon the board in
accordance with Paragraph (b)(3).
The party must serve, by certified mail, return receipt requested, a copy of the appeal
and all exhibits and other supporting documents upon the board making the
determination.
Response by Board
(1)
Any board served with an appeal under Reg.22.206 (b) may file a written response to
the appeal with the Director. The response must be received by the Director no later
than thirty (30) days after the date the board received the appeal.
(2)
The response shall contain a reply to each of the grounds for appeal and shall contain
any supporting evidence.
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(d)
(e)
Hearing by Director
(1)
The Director may issue a decision after reviewing the submissions by the parties. If,
however, after reviewing the submissions the Director determines that a hearing on the
matter is necessary, he shall issue a Notice of Hearing to the party filing the appeal and
to the board whose determination is being appealed, designating the time and place of
the hearing. No such hearing shall be scheduled until after a response has been filed by
the board pursuant to Part III or after the time for filing a response has elapsed,
whichever comes first.
(2)
The Director or his designee shall preside over any hearing held pursuant to this
Section.
Director's Decision
(1)
After considering all relevant evidence presented in the appeal, the Director shall
determine whether the decision of the board is supported by substantial evidence. His
decision shall be based upon the factors set out in A.C.A. '8-6-706 and upon any other
relevant factors.
(2)
The Director shall issue his decision in writing and shall serve a copy of the decision
upon the party filing the appeal and upon the board. The parties involved in the appeal
of the district board decision, may request Commission review of the Director's
decision. Except that the parties with standing shall be the parties to the appeal of the
district board decision, the appeal to the Commission shall be conducted in the form
and manner in accordance with the requirements of Regulation 8, Part 2.5 Practice and
Procedure, for adjudicatory hearings before the Commission.
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Chapter 3 Permit Applications Procedures
Reg.22.301- General Provisions
(a)
Applicability - This Chapter applies to all solid waste disposal, collection and processing facilities
except as identified herein. Application and permitting procedures shall conform to Regulation
Number 8 of the Commission and the supplemental provisions of this Chapter. Except for any
supplemental provisions, Regulation No. 8 shall govern in the event of any conflict with this
Chapter.
(b)
Authority - Act 237 of the 1971 Arkansas General Assembly, as amended, makes it unlawful to
construct, install, alter, modify, use or operate any solid waste disposal or processing facility or site
without a permit from the Department.
(c)
Construction - Construction of solid waste disposal or processing facilities shall not commence
until a final permit for construction and operation has been issued. Bid documents prepared for
construction shall conform to approved permit plans and specifications and shall be submitted to
the Department upon request. Changes made during construction that will materially impact the
facility design shall be submitted to the Department for approval.
(d)
Operations - Operations at a solid waste disposal or processing facility shall not commence until
the fully completed facilities have been inspected and written authorization is provided by the
Director. The permittee shall provide a ten (10) day minimum written notice to the Department
prior to the intended start-up date for the waste disposal or processing facility.
(e)
Environmental Compliance Record - In accordance with A.C.A. ' 8-1-106 and any regulation
promulgated pursuant thereto, the Director may deny the issuance or transfer of any permit,
license, certification, or operational authority if he finds, based upon the disclosure statement and
other investigation which he deems appropriate, that
(1)
The applicant has a history of noncompliance with environmental laws or regulations of
this state or any jurisdiction;
(2)
An applicant which owns or operates other facilities in the state is not in substantial
compliance with environmental laws or regulations of this state; or
(3)
A person with a history of noncompliance with environmental laws or regulations of
this state or any jurisdiction is affiliated with the applicant to the extent of being
capable of significantly influencing the practices or operations of the applicant which
could have an effect on the environment.
(f)
Application and Supporting Documents - All construction and operating information contained in
the permit application and any changes, modifications, or alterations in the permit application
submitted to the Department in writing, and agreed to in writing by the Department shall become
an integral part of the permit.
(g)
Confidentiality - Each permit application shall be available for public inspection, provided,
however, that the Department shall not disclose, except to authorized persons, any information
which the Director determines is entitled by law to protection as trade secrets without the consent
of the applicant. Trade secrets shall not include the name and address of the applicant, nor any
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information necessary, as determined by the Director, for the public to evaluate the hazards
associated with the proposed operation, nor any other information required by law to be available
to the public.
(h)
Signature on Applications - Wherever possible or applicable, applications shall be signed by the
person applying for the permit. Where another person signs on behalf of the applicant, the title or
relationship shall be provided on the application form. The Department shall require a person
signing an application on behalf of an applicant to provide written proof of authorization.
(1)
(i)
Corporations - An application submitted by a corporation shall be signed by a
responsible corporate officer. For purposes of this section, a responsible corporate
officer means:
(i)
a president, secretary, treasurer, or vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or
decision making functions for the corporation; or
(ii)
the manager of one or more manufacturing, production, or operating facilities, if
authority to sign documents has been delegated to the managers in accordance with
corporate procedures.
(2)
Partnerships and Sole Proprietorships - In the case of a partnership or sole
proprietorship, the application must be signed by a general partner or the proprietor,
respectively.
(3)
Publicly Owned Facilities - In the case of a municipal, state, federal, district or other
public facility, the application must be signed by either a principal executive officer,
ranking elected official, or other duly authorized employee.
Professional Services Required - The services of a professional engineer registered in the State of
Arkansas, and for Class 1, Class 3 and Class 4 landfills a professional geologist registered in the
State of Arkansas, shall be retained by all applicants for disposal and processing permits; for the
development of geotechnical and hydrogeologic studies, permit plans and specifications; and the
preparation of an operating plan and narrative as described herein.
Reg.22.302- Pre-Application Procedures
(a)
Pre-Applications Required - Prior to the preparation of detailed designs or extensive geologic
investigations, applicants for new solid waste disposal permits and for lateral expansions to the
currently permitted disposal area shall prepare and submit a pre-application.
(b)
Pre-application Form and Documents - All pre-applications shall contain at least the following
information and supporting documentation:
(1)
The name and address of the applicant and the owner of the site or facility;
(2)
The location of the proposed disposal or processing site including a description of
access roads, streams which are in close proximity to the site, dwellings and any other
relevant geographic and geologic features of the site. Pre-application for disposal
facilities shall include data on soil conditions and general geologic features;
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(3)
A 7.5 minute USGS quadrangle map showing disposal or processing site boundaries.
The processing facility must also be shown on an appropriate scale city or county map;
(4)
Copies of notifications to appropriate agencies regarding whether the selected site is in
conformance with the airport safety, floodplain, wetlands separation distances and
location restrictions, and protective of endangered species, historic archaelogy, and
flora and fauna. Those agencies include, but are not limited to, the Federal Aviation
Administration, US Army Corps of Engineers, US Fish and Wildlife Services,
Arkansas Game and Fish Commission, Arkansas Historic Preservation Program,
Arkansas Natural Heritage Commission, and the Arkansas Department of Health.
(5)
Assurance that the permit applicant has the legal authority to enter the lands for
purposes of performing site investigations and studies;
(6)
Declaration of the classification of landfill or type of processing area and proposed
service area;
(7)
A description of the nature and type of wastes to be disposed of or processed;
(8)
Disclosure Statement (Not required for governmental entities including federal, state,
county, municipal, regional solid waste authorities);
(9)
Pre-application fee according to current fee schedule;
(10)
Certificate of Need from Regional Solid Waste Planning Board in accordance with
Reg.22.205, except that Class 3 Noncommercial landfills applicants shall instead
provide a copy of the notice to the Regional Solid Waste Planning Board required in
Reg.22.203;
(11)
Site selection approval by or notice to the local government authority as required under
Reg.22.203; and
(12)
Additional information deemed necessary by the Department for performance of a
preliminary site investigation.
(c)
Public Meeting for Proposed Landfill Sites - The Department shall hold a public meeting at a
suitable location near the proposed solid waste disposal site for all administratively complete preapplications for new Class 1, Class 3 Commercial, and Class 4 landfills and public meetings may
be required by the Department for other solid waste disposal and processing facilities, and
permitting actions. The primary purpose of public meeting shall be to inform and answer
questions from concerned citizens.
(d)
Preparation of Notice of Public Meeting - Upon determination by the Department that a preapplication is administratively complete, a public meeting shall be scheduled by the Department.
The Department shall prepare a public notice of the public meeting and furnish the notice to the
applicant for publication in accordance with Reg. 22.305. A twenty (20) day minimum notice of
the public meeting is required.
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(e)
(f)
Preliminary Site Investigation - A preliminary site investigation to gather geologic and geographic
information shall be conducted by the Department to determine if the proposed landfill site appears
suitable for waste disposal operations. Interested local, regional, state, and federal agencies may
be invited by the Department to attend the preliminary site investigation.
(1)
The applicant shall furnish all necessary equipment and manpower needed to gain
access to the site, dig test pits and otherwise complete the preliminary site investigation.
(2)
The Department shall provide its findings and results of the preliminary site
investigation to the applicant. Should the applicant choose to submit a full application
and detailed design for a landfill, any site limitations identified in the preliminary site
investigation report shall be addressed in the application package.
Response to Preliminary Site Investigation Report - Prior to the submittal of a full application for a
permit, the applicant shall document how any limitations identified in the preliminary site
investigation will be further investigated and how site limitations may be overcome in the facility
design. The Director may make a decision to deny the permit based on location restrictions, the
pre-application, the findings of the preliminary site investigation and preliminary geotechnical
investigation report. Appeal of the Directors decision to deny the permit shall be in accordance
with Regulation Number 8 of the Pollution Control and Ecology Commission, Administrative
Procedures.
Reg.22.303- General Application Requirements
(a)
Pre-application Conference - The Department may require the applicant to attend a pre-application
conference to discuss application requirements and the findings of the preliminary site
investigation.
(b)
Submittal of Preliminary Geotechnical Report - Prior to completing a detailed facility design and
submitting a full application for a disposal facility permit, the Department may require applicants
for Class 1 and Class 3 landfills to submit a preliminary geotechnical investigation report. The
report shall be in general conformance with the requirements of Chapter 11 and shall identify the
proposed solid waste boundary of the facility in relation to such tests and investigations that have
been made at the site and additional tests and investigations that are proposed to be made at the
site. The results of the preliminary geotechnical report and preliminary site investigation shall be
utilized in the facility design.
(c)
Application Contents for Landfills - Applications for permits for the construction or operation of
new or existing solid waste disposal facilities shall be submitted to the Department on forms
prepared by the Department. All applications for solid waste disposal facilities shall contain at
least the following information, either in the application form itself or in supporting documentation
provided with the application:
(1)
The name and mailing address of the applicant and the owner of the facility, and the
physical address of the facility as denoted by the local 911 service;
(2)
A description of the soil characteristics of the site from a physical investigation of the
site;
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(3)
File marked copy of the legal instrument provided with the application giving right to
use the realty for solid waste disposal or processing including a current boundary
survey of the property by a registered land surveyor.
(4)
Types, quantities, classifications and sources of waste proposed to be disposed of or
processed at the site or facility;
(5)
All proposed Class 1 and Class 3 landfills shall include a written program that will be
utilized to monitor wastes to detect and prevent the disposal of hazardous wastes.
(6)
Identification of the Special Materials identified in Chapter 6 proposed for acceptance
at the facility;
(7)
Predominant land use of the area in which the site or facility is located including
identification of dwellings and wells within 2 miles of the site through visual
inspection, review of historical records, and survey of surrounding residents;
(8)
Total waste capacity, projected utilization rate, and total life expectancy of the facility;
(9)
The proposed use of the site or facility upon termination of the disposal operation;
(10)
Procedures and site improvements for prevention of unauthorized use of the site or
facility;
(11)
Application Fee in accordance with the current fee schedule;
(12)
Permit Plans and Specifications;
(13)
Operating Plan and Narrative;
(14)
Design Narrative (including design calculations);
(15)
Hydrogeologic Report;
(16)
Ground Water Monitoring Plan;
(17)
Detailed cost estimates for closure of the landfill units and for post closure care;
(18)
Such additional information deemed necessary by the Department for a determination
as to the issuance of the permit; and
(19)
The additional and specific application requirements applicable to each class of solid
waste disposal.
(20)
A 7.5 minute USGS quadrangle map showing disposal or processing site boundaries.
The processing facility must also be shown on an appropriate scale city or county map;
(21)
A narrative description of the access roads and streams that are in close proximity of
the site or facility;
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(22)
Documentation from appropriate agencies regarding whether the selected site is in
conformance with the airport safety, floodplain, wetlands separation distances and
location restrictions, and protective of endangered species, historic archaelogy, and
flora and fauna. Those agencies include, but are not limited to, the Federal Aviation
Administration, US Army Corps of Engineers, US Fish and Wildlife Services,
Arkansas Game and Fish Commission, Arkansas Historic Preservation Program,
Arkansas Natural Heritage Commission, and the Arkansas Department of Health.
(d)
Application Contents for Solid Waste Processing Facilities - Application contents for Composting
Facilities, Transfer Stations and Solid Waste Recovery Facilities shall conform to the requirements
identified in the respective chapters covering those facilities.
(e)
Other Regulations - In addition to the information set forth herein, an applicant shall, if the type of
disposal site or facility is one for which a specific regulation has been promulgated, submit such
additional information as is required by the specific regulation.
Reg.22.304- Permit Application Review
(a)
Determination of an Administratively Complete Application - Upon submittal of an application for
a solid waste disposal or processing application, the Department shall review the application and
all supporting documents to determine if the application is administratively complete in
accordance with Regulation Number 8.
(b)
Return of Incomplete Applications - Applications for solid waste disposal or processing permits
that have been deemed by the Department to be administratively incomplete shall be returned to
the applicant along with notice of the determination. At the sole option of the Department, the
application and supporting documentation may be retained pending additional submittals.
(c)
Public Notice of Application - Upon determination by the Department that an application for a
solid waste disposal or processing application is administratively complete (but not necessarily
technically adequate), a public notice of the receipt of the application shall be prepared by the
Department for publication by the applicant in accordance with Regulation Number 8.
(d)
Technical Review of Application - Following a determination that the application is
administratively complete, the Department shall perform a review of the application for technical
adequacy and regulatory conformance. The applicant shall be notified in writing of any apparent
or actual deficiencies. Any deficiencies in the application form or supporting documents must be
corrected, revised or otherwise answered by the applicant in writing. Failure of the applicant to
satisfactorily respond to any written deficiencies after being given reasonable opportunity to
respond completely shall constitute grounds for the denial of the permit. Appeal of the Directors
decision to deny the permit shall be in accordance with Regulation Number 8, Administrative
Procedures.
(e)
Preliminary Permit Decision - Upon review of the final application package, the Director will
make a preliminary decision to deny or grant a permit for solid waste disposal or processing.
Notice of the decision shall be distributed and published in accordance with Regulation Number 8.
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Reg.22.305- Public Hearings And Notices
(a)
Payment for Public Notices - The applicant shall publish, at applicant expense, the public notices
required herein or by law to be published by the applicant. The notices shall be identified in the
publication as legal notices and shall be word-for-word identical to the notices furnished by the
Department to the applicant for publication. These notices include but may not be limited to:
(1)
Notice of the public meeting in accordance with Reg.22.302(d).
(2)
Notice of the receipt of an administratively complete application in accordance with
Reg.22.304(c).
(3)
Notice of the preliminary decision to issue a permit in accordance with Reg.22.304(e).
(4)
Notice of the Public Hearing in accordance with Reg. 22.305(j).
(5)
Notice of preliminary decision to modify the permit in accordance with Reg. 22.308(c).
(b)
Publication Paid by Department - The Department will arrange and pay for the publication of
notices when the application for a permit is denied, for special meeting notices and other notices as
may be required by law to be paid for by the Department.
(c)
Selection of Newspaper - Publication of notices shall be in a newspaper of general circulation
published in the county in which the disposal facility is to be located, or where no newspaper is
published in the county, a newspaper of general circulation in that county. Selection of the
newspaper shall be subject to Department approval.
(d)
Proof of Publication Required - In accordance with Regulation Number 8, the applicant shall
furnish to the Department, proof of payment and proof of publication of all notices required to be
published by the applicant. No solid waste disposal permit will be issued unless proper proof of
publication and payment of legal notices is furnished to the Department.
(e)
Public Meeting for Proposed Landfill Sites - The Department shall hold a public meeting in
accordance with the requirements of Reg.22.302(c).
(f)
Notice of Application and Request for Hearing - In accordance with Regulation Number 8, upon
determination by the Department that an application for a solid waste disposal or processing
facility is administratively complete in accordance with Reg. 22.304(a), a public notice of the
receipt of the application shall be prepared by the Department for publication by the applicant.
The date of publication of the notice shall mark the beginning of a ten (10) business day period in
which any interested party may request the Department to hold a public hearing in accordance with
this Section.
(g)
Notice of Preliminary Permit Decision - Upon review of the final application package, the Director
will make a preliminary decision to deny or issue a permit for solid waste disposal or processing.
Appeal of the Director's decision shall be in accordance with Regulation Number 8 of the Pollution
Control and Ecology Commission, Administrative Procedures.
(1)
Should the application for a permit be denied, notice shall be sent to the applicant in
accordance with Regulation Number 8.
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(2)
Should the Director decide to issue the permit, a draft permit shall be prepared and
provided to the applicant. The Department will prepare public notice of the preliminary
decision to issue the permit and furnish the notice to the applicant for publication in
accordance with Reg.22.304(e).
(h)
Public Comment Period - The publication date of the preliminary decision to issue or deny the
permit shall mark the beginning of a thirty (30) day comment period. Any interested party may
submit written comments to the Department regarding the technical aspects and regulatory
conformance of the preliminary decision to issue or deny a permit during the comment period in
accordance with the requirements described herein and in Regulation Number 8 of the Pollution
Control and Ecology Commission, Administrative Procedures.
(i)
Decision to Hold a Public Hearing - Following the preliminary decision to issue or deny a permit
in accordance with Reg.22.305(g), the Director shall determine whether to hold a formal public
hearing concerning the preliminary decision. The decision on whether to hold a public hearing is
solely at the Director's discretion.
(j)
Notice of Public Hearing - Should a public hearing be scheduled, the public shall be notified as
follows:
(1)
The applicant and all persons requesting a hearing in conformance with Reg.22.305(h)
shall be notified prior to the hearing date by the Department by first class mail. certified
mail, return receipt requested.
(2)
The Department shall prepare public notice of the public hearing and furnish the notice
to the applicant for publication in accordance with Reg.22.305 (c) and (d). The notice
of the public hearing shall include all pertinent facts concerning sources of information
on the permit application, time, date, and location of the public hearing, and shall also
provide twenty (20) days minimum notice prior to the public hearing date.
(k)
Combined Comment Period and Notice of Hearing - At the Department's discretion, a single notice
combining the thirty (30) day comment period provided for in Reg.22.305(h) and the notice of
public hearing may be published. A twenty (20) day minimum notice of the hearing shall be
provided.
(l)
Public Hearing - Where the Director determines that a public hearing will be held, where possible,
the hearing will be scheduled at a location within the county in which the solid waste disposal or
processing facility is proposed to be located. conduct of the hearing shall be in accordance with
Regulation Number 8 of the Pollution Control and Ecology Commission, Administrative
Procedures.
Reg.22.306- Final Permit Decision
(a)
Response to Comments - All written comments received during any designated comment period or
written or oral comments received at any public hearing called for by the Director shall be
considered in the development of the final permit decision.
(b)
Final Decision - Following the close of the public comment period, the Director shall make a final
permit decision regarding the application. The Director may issue the final permit without
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changes, require changes to the permit and the permit application prior to issuing the final permit,
or may deny the permit.
(c)
Rationale for Permit Decision - The Department shall develop a rationale for all permitting
decisions. The rationale shall summarize all comments received for the record during the public
comment period or any public hearing held by the Department; and any changes made in response
to public comments, the basis for permit conditions and other decisions made by the Director in
developing the final permit decision. The rationale shall be provided to the applicant and any
persons making comments for the record.
(d)
Standing to Appeal Final Decision - Standing to appeal any permit or permit provision, and appeal
procedures shall be in accordance with Regulation Number 8 of the Pollution Control and Ecology
Commission, Administrative Procedures. Generally, other than the permit applicant, only those
persons who submit written comments during the specified comment period or who make formal
comments for the record at a public hearing called by the Department will have legal standing to
appeal the issuance or denial of the final permit or any of the permit provisions.
Reg.22.307- Transfer Of Permits
(a)
Procedures for Permit Transfer - Permits for the construction and operation of solid waste disposal
and processing facilities are transferable provided the current and proposed permittees submit an
administratively complete application that consists of:
(1)
A written request for the permit transfer presented on a form provided by the
Department;
(2)
A certification by the current permittee that all facility engineering design, operational
plans and other permit application documents have or will be furnished to the new
permittee prior to permit transfer;
(3)
Adequate documentation from the current permittee that the proposed permittee shall
have ownership or control of the site for which transfer of permit has been requested;
(4)
A completed disclosure statement of the proposed permittee;
(5)
Documentation of adequate Financial Assurance in compliance with Chapter 14
Financial Assurance Criteria of these regulations.
(6)
A permit transfer fee in accordance with the current fee schedule.
(b)
Denial of Permit Transfer - Should the Director determine that the proposed permittee has a history
of noncompliance as defined by A.C.A. ' 8-1-106 et seq. and as described in Reg. 22.301(e), the
Director shall provide written notice to the current and proposed permit holder within thirty (30)
days of submittal of an administratively complete application for a permit transfer.
(c)
Automatic Transfer - Thirty (30) days following the receipt by the Department of an
administratively complete application for a permit transfer, the permit shall automatically transfer
to the proposed permit holder unless the Director determines that the proposed permittee is a "bad
actor" as described in the above section.
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Reg.22.308- Modification Of Permits
(a)
Procedures for Permit Modification - The permittee may at any time, request a modification to the
permit. Submittal of an application for modification of permit shall be on forms made available by
the Department and shall include:
(1)
Name, current mailing address, and permit number of the applicant;
(2)
A complete description of the proposed modification including all necessary revisions
to the original or previously modified permit application;
(3)
Revised permit plans, specifications, narrative;
(4)
Permit modification fee in accordance with the current fee schedule;
(5)
Any other requirements deemed necessary by the Department to adequately assess the
impact of the proposed modification.
(b)
Classification of Modifications - The Director shall review all proposed modification and
determine if the proposed modification shall be considered a major modification or a minor
modification for purposes of assessing fees and public notification. The decision on whether or
not a proposed modification may be considered to be major or minor rests solely with the Director.
(c)
Major Modifications - Public notice in accordance with Reg.22.305 shall be provided for all
modifications deemed by the Director to be major modifications. A public hearing may be
scheduled at the Director's discretion on the proposed modification in accordance with Reg.
22.305(l). Major modifications may include:
(d)
(1)
An increase of ten percent (10%) or greater in the total permitted capacity of the solid
waste disposal facility;
(2)
More than one (1) increase of less than 10% of the total permitted capacity of the solid
waste disposal facility;
(3)
An increase in the estimated permit site life of the facility of eighteen (18) months or
greater.
(4)
Changes to the landfill classification;
(5)
An increase of the total land area permitted for waste disposal;
(6)
Changes that may alone or in combination with other changes may result in a
significant environmental impact.
Minor Modifications - Where the Director determines that the proposed modification is a minor
change in the construction or operation of the solid waste facility and that the modification request
will be granted, the permit will be modified and no public notice of the modification will be made.
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(e)
Implementation of Modifications - No modification in the construction or operation of a solid
waste facility shall be implemented unless and until written approval of the modification or a
modified permit is received by the permittee.
(f)
Modifications Initiated by the Department - The Director may, at any time in which construction
or operations at a permitted facility are not in compliance with the current provisions of this
regulation or other statutes and regulations, modify the permit to conform to current regulations,
statutes, or standards. In addition, the Director may at any time, modify a permit in order to make
administrative changes or corrections to the permit or to provide for the renewal of expired
permits.
Reg.22.309 – Duration of Permits
(a)
Landfill permits regulate active fill operations, closure and post-closure phases of activities at a
facility. The active fill operations phase shall cease if the facility places waste beyond the permitted
boundaries, or exceeds the permitted capacity, fill volume or elevations. The closure and postclosure phases include all required and approved activities contained in Chapter 13 herein and the
facility permit.
(b)
Authorization to place fill in a permitted landfill or area of a permitted landfill shall cease if any of
the following conditions occur:
(1)
The facility reaches the approved elevation in a fill location. The permittee shall not place
fill, daily cover or intermediate cover above any permitted elevation.
(2)
The facility places waste outside the permitted boundaries.
(c)
Any landfill permittee who places or disposes waste above permitted elevations, or beyond the
permitted landfill perimeter or in excess of the permitted capacity of the unit shall immediately cease
fill operations in the area containing excess fill. The permittee shall provide to the Department an
overfill management plan in writing within seven (7) days of learning of the excess fill. The
permittee shall remove the excess fill, including waste, daily cover or intermediate cover, to bring
the area into compliance within thirty (30) days of learning of the overfill.
(d)
All other types of facility permits shall expire according to the date contained in the individual
permit or General Permit, as appropriate.
(e)
For all permits, permits may be revoked for failure to maintain compliance with these regulations, or
failure to maintain permit fees. Permit revocation under the described conditions will not relieve the
permittee from the facility closure requirements and post-closure care as may be required by
regulation or permit.
(f)
All permittees shall be responsible for payment of all annual fees including permit fees until all
required closure and post-closure activities have been certified by a professional engineer registered
in the State of Arknasas and accepted by the Department and a notification submitted to the
Department by the permittee stating that permitted activities have ceased and requesting the specific
permit be placed in void status.
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Chapter 4 Class 1 Landfills
Reg.22.401- Location Restrictions
(a)
Responsibilities - Applicants for a permit for a Class 1 landfill shall be responsible for selection of
the proposed site subject to the provisions of this section. Solid waste disposal facilities or
practices which violate any of the following criteria pose a reasonable probability of adverse
effects on health or the environment.
Reg.22.402- Airport Safety
(a)
Location Prohibition for New Facilities - New permitted Class 1 landfills shall not be located
within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within
5,000 feet (1,524 meters) of any airport runway end used by only piston-type aircraft.
(b)
Demonstration for Existing Class 1 Landfills - Existing Class 1 landfills, existing units and lateral
expansions that are located within the distances specified in paragraph (a) must demonstrate that
the units are designed and operated so that the municipal solid waste landfill unit does not pose a
bird hazard to aircraft. Existing Class 1 landfills and existing units shall make the demonstration
not later than the compliance dates specified in Reg.22.103(f) and submit the demonstration to the
Director for approval. Lateral expansions shall make the demonstration prior to construction.
(c)
FAA Notification - Owners or operators proposing to site new Class 1 municipal solid waste
landfill units and lateral expansions within a five-mile radius of any airport runway end used by
turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation
Administration (FAA) and furnish proof of notification to the Director.
A prohibition on locating a new municipal solid waste landfill near certain airports was enacted in
Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
(Ford Act), Pub. L. 106-181 (49 U.S.C. 44718 note). Section 503 prohibits the "construction or
establishment" of new municipal solid waste landfills after April 5, 2000 within six miles of
certain smaller public airports. The Federal Aviation Administration (FAA) administers the Ford
Act and has issued guidance in FAA Advisory Circular 150/5200-34, dated August 26, 2000.
Owners or operators proposing to locate new Class 1 municipal solid waste landfill units within a
six-mile radius of any airport runway end must furnish to the Director proof of approval from the
Federal Aviation Administration (FAA) for the new Class 1 municipal solid waste landfill unit or
units.
According to the guidance, no person shall construct or establish a new municipal solid waste
landfill that receives putrescible waste within six miles of a public airport that has received grants
under chapter 471 and is primarily served by general aviation aircraft and regularly scheduled
flights of aircraft designed for 60 passengers or less unless the State aviation agency requests that
the Administrator of the Federal Aviation Administration exempt the landfill from the application
of this subsection and the Administrator determines that such exemption would have no adverse
impact on aviation safety.
The limitations of § 44718(d), as amended, only apply to a new municipal solid waste landfill
(constructed or established after April 5, 2000). The statutory limitations are not applicable where
construction or establishment of a municipal solid waste landfill began on or before April 5, 2000,
or to an existing municipal solid waste landfill (received putrescible waste on or before April 5,
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2000). Further, an existing municipal solid waste landfill that is expanded or modified after April
5, 2000, would not be held to the limitations of § 44718(d), as amended.
Reg.22.403- Floodplains
(a)
Applicability - Owners or operators of new Class 1 landfill units, existing units, and lateral
expansions located in 100-year floodplains must demonstrate that the unit will not restrict the flow
of the base flood, reduce the temporary water storage capacity of the floodplain, or result in
washout of solid waste so as to pose a hazard to human health and the environment.
(b)
Effective Date - The owner or operator of existing Class 1 landfills must place the demonstration
in the operating record and submit the demonstration to the Director not later than the compliance
date in Reg.22.103(f).
Reg.22.404- Wetlands
(a)
Applicability - New Class 1 municipal solid waste landfill units and lateral expansions, and other
facilities identified in these regulations, shall not be located in wetlands, unless the owner or
operator can make the following demonstrations to the Director.
(1)
Where applicable under Section 404 of the Clean Water Act or applicable State
wetlands laws, the presumption that a practicable alternative to the proposed landfill is
available which does not involve wetlands is clearly rebutted;
(2)
The construction and operation of the unit will not:
(i)
Cause or contribute to violations of any applicable State water quality standard,
(ii)
Violate any applicable toxic effluent standard or prohibition under Section 307 of
the Clean Water Act,
(iii)
Jeopardize the continued existence of endangered or threatened species or result in
the destruction or adverse modification of a critical habitat, protected under the
Endangered Species Act of 1973, and
(iv)
Violate any requirement under the Marine Protection, Research, and Sanctuaries
Act of 1972 for the protection of a marine sanctuary;
(3)
The unit will not cause or contribute to significant degradation of wetlands. The owner
or operator must demonstrate the integrity of the unit and its ability to protect
ecological resources by addressing the following factors:
(i)
Erosion, stability, and migration potential of native wetland soils, muds and
deposits used to support the unit;
(ii)
Erosion, stability, and migration potential of dredged and fill materials used to
support the unit;
(iii)
The volume and chemical nature of the waste managed in the unit;
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(b)
(iv)
Impacts on fish, wildlife, and other aquatic resources and their habitat from release
of the solid waste;
(v)
The potential effects of catastrophic release of waste to the wetland and the
resulting impacts on the environment; and
(vi)
Any additional factors, as necessary, to demonstrate that ecological resources in the
wetland are sufficiently protected.
(4)
To the extent required under Section 404 of the Clean Water Act or applicable State
wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as
defined by acreage and function) by first avoiding impacts to wetlands to the maximum
extent practicable as required by paragraph (a)(1) of this section, then minimizing
unavoidable impacts to the maximum extent practicable, and finally offsetting
remaining unavoidable wetland impacts through all appropriate and practicable
compensatory mitigation actions (e.g., restoration of existing degraded wetlands or
creation of man-made wetlands); and
(5)
Sufficient information is available to make a reasonable determination with respect to
these demonstrations.
Class 1 Effective Date - New Class 1 municipal solid waste landfill units and lateral expansions
shall meet all of the requirements of this section and shall demonstrate to the Director that the
facility is not located in a wetland, or make the demonstration required in paragraph (a) prior to
permitting of the new unit or lateral expansion of an existing unit.
Reg.22.405- Fault Areas
(a)
Applicability - New units and lateral expansions shall not be located within two hundred (200) feet
(60 meters) of a fault that has had displacement in Holocene time unless the owner or operator
demonstrates to the Director that an alternative setback distance of less than Two hundred (200)
feet (60 meters) will prevent damage to the structural integrity of the unit and will be protective of
human health and the environment.
Reg.22.406- Seismic Impact Zones
(a)
Applicability - New units and lateral expansions shall not be located in seismic impact zones,
unless the owner or operator demonstrates to the Director that all containment structures, including
liners, leachate collection systems, and surface water control systems, are designed to resist the
maximum horizontal acceleration in lithified earth material for the site. The owner or operator
must place the demonstration in the operating record, and notify the Director that it has been
placed in the operating record, and provide the demonstration to the Director for approval.
Reg.22.407- Unstable Areas
(a)
Applicability - Owners or operators of new units, existing units, and lateral expansions located in
an unstable area must demonstrate that engineering measures have been incorporated into the unit's
design to ensure that the integrity of the structural components of the unit will not be disrupted.
The owner or operator must place the demonstration in the operating record, notify the Director
that it has been placed in the operating record, and provide the demonstration to the Director for
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approval. The owner or operator must consider the following factors, at a minimum, when
determining whether an area is unstable:
(b)
(1)
On-site or local soil conditions that may result in significant differential settling;
(2)
On-site or local geologic or geomorphologic features; and
(3)
On-site or local human-made features or events (both surface and subsurface).
For purposes of this section:
(1)
Unstable area means a location that is susceptible to natural or human-induced events
or forces capable of impairing the integrity of some or all of the landfill structural
components responsible for preventing releases from a landfill. Unstable areas can
include poor foundation conditions, areas susceptible to mass movements, and Karst
terrain.
(2)
Structural components means liners, leachate collection systems, final covers, runon/run-off systems, and any other component used in the construction and operation of
the facility that is necessary for protection of human health and the environment.
(3)
Poor foundation conditions means those areas where features exist which indicate that a
natural or man-induced event may result in inadequate foundation support for the
structural components of an solid waste unit.
(4)
Areas susceptible to mass movement means those areas of influence (i.e., areas
characterized as having an active or substantial possibility of mass movement) where
the movement of earth material at, beneath, or adjacent to the municipal solid waste
landfill unit, because of natural or man-induced events, results in the down slope
transport of soil and rock material by means of gravitational influence. Areas of mass
movement include, but are not limited to, landslides, avalanches, debris slides and
flows, soil fluction, block sliding, and rock fall.
(5)
Karst terrain means areas where karst topography, with its characteristic surface and
subterranean features, is developed as the result of dissolution of limestone, dolomite,
or other soluble rock. Characteristic physiographic features present in karst terrain
include, but are not limited to, sinkholes, sinking streams, caves, large springs, and
blind valleys.
Reg.22.408- Separation Distances And Buffer Zones
(a)
New Facilities and Expansions - Applicants for new Class 1 landfills and expansions to the
permitted area shall comply with the following minimum separation distances and buffer zones as
measured from the proposed active portion of the landfill:
(1)
Five hundred (500) feet of an existing well or water intake used as a drinking water
source as determined at the earliest date the notification or application is made to local
or regional authorities as required by Reg.22.201, Reg.22.202 or Reg.22.203 as
applicable
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(2)
Three hundred (300) feet of an existing dwelling, unless owned by the applicant, as
determined at the earliest date the notification or application is made to local or
regional authorities as required by Reg.22.201, Reg.22.202 or Reg.22.203; and within
(3)
One hundred (100) feet of the property boundary.
(b)
Existing Landfills - Existing landfill areaspermitted by the Department prior to May 7, 1995, for
waste disposal are exempt from the requirements of paragraph (a) above. Expansions to the
permitted area and the design of new landfill units after May 7, 1995, shall conform with buffer
zone width requirements.
(c)
Proximity to Highways - Landfills shall comply with regulations promulgated by the State of
Arkansas Highway and Transportation Commission. Landfills shall not be established, operated,
or maintained within one thousand (1,000) feet of the nearest edge of the right-of-way of any
interstate, primary or other state highway designated by the Highway and Transportation
Commission unless the landfill operations are screened by natural objects, plantings, fences, or
other appropriate means so as not to be visible from the main-traveled way of the highway.
(d)
Construction in the Buffer Zone - No permanent construction of any kind shall occur in the buffer
zone other than fencing, access roadways and monitoring well construction. Landscaping for
aesthetics is encouraged in the buffer zone and may be required by the Department for individual
sites. Where appropriate landscaping for esthetics is undertaken, pay stations, administration
buildings, parking, surface water control systems such as diversion ditches and sedimentation
ponds and other facilities may be permitted in the buffer zone area.
(e)
Local Zoning - Nothing contained herein shall be construed to limit or interfere with local zoning
requirements and ordinances pertaining to the operation of solid waste facilities. The criteria set
forth in this section is intended solely as minimum criteria for facilities located on lands where
land use is not regulated by local authorities. Requirements herein do not relieve the applicant
from complying with any more restrictive, comprehensive local zoning requirements or regulations
duly promulgated by regional solid waste management districts.
Reg.22.409- Closure Of Existing Landfill Units
(a)
Applicability - Existing Class 1 units that cannot make the demonstrations specified in Reg.22.402,
pertaining to airports, Reg.22.403 pertaining to floodplains, or Reg.22.407 pertaining to unstable
areas, must close by October 9, 1996, in accordance with the requirements of Reg.22.1301 and
conduct post-closure activities in accordance with Reg.22.1301.
(b)
(c)
Closure Deadline Extension - The deadline for closure of existing units required by paragraph (a)
may be extended for up to two years if the owner or operator demonstrates to the Director that:
(1)
There is no available alternative disposal capacity;
(2)
There is no immediate threat to human health and the environment.
Permit Denial for NonCompliance - New units and lateral expansions of Class 1 facilities that
cannot meet the requirements of this Chapter will not be permitted by the Department.
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Reg.22.410- Endangered Species
(a)
Prohibition Against Taking - Solid waste facilities and practices shall not cause or contribute to the
taking of any endangered or threatened species of plants, fish, or wildlife.
(b)
Destruction of Habitat - The facility or practice shall not result in the destruction or adverse
modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part
17.
Reg.22.411- General Operating Requirements
(a)
Conformance with Permit Documents - All operations at the landfill shall be in accordance with
the approved plans and operating plan and narrative.
(b)
Operator Licensing Requirements - All operations shall be performed by licensed on-site operators
at all times who are certified in accordance with Regulation Number 27 of the Pollution Control
and Ecology Commission.
(c)
Working Face Size - Unloading shall be supervised and dumping shall be confined to the smallest
practical area. Multiple working faces will not be allowed unless specifically approved in the
facility operating plan.
(d)
Waste Spreading and Compacting - As rapidly as solid waste is unloaded for disposal it shall be
spread and compacted in the smallest practical area and covered in accordance with the
requirements of Reg. 22.413.
(e)
Salvage Operations - Salvage operations shall not be permitted at the operating face of the fill. A
salvage operation may be approved by the Department under the following conditions:
(f)
(1)
An area has been designated by the permittee for the recovery of salvageable material.
(2)
The operations shall not interfere with or otherwise delay the activities of the working
face.
(3)
The recovery of salvageable material must be conducted in an orderly manner.
(4)
All salvaged materials shall be removed from the landfill site daily, or properly stored
so that they will not create a nuisance or unsightly appearance.
Prohibited Activities - The following activities shall be prohibited in conjunction with or upon the
site of the landfill:
(1)
Any scavenging of materials as defined herein;
(2)
Any feeding of farm or domestic animals;
(3)
Depositing waste in standing water; and
(4)
Open burning as defined herein.
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(g)
Litter Control - Litter control provisions shall be maintained at all times. If daily or more frequent
cover does not control on and off site litter, other methods may be required, such as, but not
limited to litter fences and litter crews.
(h)
Additional Surface Water Controls and Best Management Practices - In conjunction with and in
addition to the requirements of Reg.22.418, Reg.22.419, Reg.22.427 and Reg.22.430, the owner or
operator shall:
(1)
Contour the surface of the working portion of the landfill to minimize surface water
run-on or flow into or through the working face; and
(2)
Install, construct, repair and maintain controls to prevent off-site sediment
accumulation at all landfill, soil stockpile, and borrow site areas. Temporary and
permanent seeding, grading, diking, terracing, diversion ditches, silt fencing, silt traps,
vegetation filter strips, mulching, erosion control blankets and matting, gravel filter
berms, check dams, riprap, sediment ponds and other best management practices for
erosion and sediment control shall be provided as necessary. Best management
practices for the site shall be in accordance with any stormwater permit issued for the
site, shall be described in the operating narrative, and shall be included in the permit
plans as appropriate.
(3)
Final and interim slope stabilization must conform with Reg.22.427(f).
(i)
Final Cover Vegetation and Maintenance - Immediately after permitted final grades have been
attained and a final cover system installed, a cover of suitable perennial vegetation shall be
established and maintained to prevent erosion of cover soils. The vegetative cover shall be mowed
at least annually or as needed to control the growth of undesirable annual weeds and woody
vegetation, and to allow for inspection of the integrity of the cover system.
(j)
Equipment Requirements - The owner or operator shall have provisions for the routine
maintenance of equipment at the landfill. Adequate backup equipment shall be available within 24
hours in the event of breakdowns.
(k)
Communications and Emergency Response - The owner or operator shall have an adequate
telephone communication system in the event of fire or other emergency situations that may arise
at the landfill and a written emergency response plan shall be maintained at the site.
(l)
Ancillary Facilities - The owner/operator shall have an on site building/office with a potable water
supply and sanitary facilities for site personnel.
(m)
Nuisance Avoidance - The owner or operator shall operate the landfill in a manner to avoid
creating a public nuisance or public health hazard.
(n)
Other Requirements - The Department may require any additional information or action deemed
necessary to assure an environmentally safe operation of the facility.
(o)
Cover Maintenance - The owner or operator shall be responsible for maintaining the cover system
integrity and shall promptly repair erosion, washout, tracking, or other defects that result in
exposed refuse in either daily or intermediate cover, or exposure of the barrier system of the final
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cover. Areas of leachate seepage, or areas exhibiting evidence of leachate seepage such as staining
and discoloration of the cover system shall also be promptly repaired.
(p)
Wet Weather Repairs - Due care shall be exercised in performing repairs during wet weather
conditions to prevent the creation of additional cover defects. Prompt temporary measures shall be
implemented in such cases until permanent repairs and remedies can be implemented.
Reg.22.412- Procedures For Excluding The Receipt Of Hazardous Waste and Unauthorized Waste
(a)
Applicability - Owners or operators must implement a program at the facility for detecting and
preventing the disposal of regulated hazardous wastes as defined in 40 CFR Part
261,polychlorinated biphenyls (PCB) wastes regulated under the Toxic Substances Control Act
(TSCA) for disposal as defined in 40 CFR Part 761, and additional unauthorized wastes as of the
compliance date in Reg.22.103(f). This program must include, at a minimum:
(1)
Random inspections of incoming loads unless the owner or operator takes other steps to
ensure that incoming loads do not contain regulated hazardous wastes, PCB wastes or
other unauthorized wastes;
(2)
Records of any inspections;
(3)
Training of facility personnel to recognize regulated hazardous waste,PCB wastes and
additional unauthorized wastes; and
(4)
Notification of the Director if a regulated hazardous waste, PCB waste, or other
unauthorized waste is discovered at the facility.
(b)
Definitions - For purposes of this section, "regulated hazardous waste" means a solid waste that is
a hazardous waste, as defined in 40 CFR 261.3, that is not excluded from regulation as a hazardous
waste under 40 CFR 261.4(b) or was not generated by a conditionally exempt small quantity
generator as defined in 40 CFR 261.5.
(c)
Hazardous Waste Exclusion Plan - Each facility shall develop, implement, and maintain a written
plan for hazardous waste exclusion to demonstrate compliance with this section. The plan shall
include at a minimum:
(1)
Purpose of monitoring and roles of landfill personnel;
(2)
Types of wastes to be excluded;
(3)
A written protocol that describes the methods to identify and screen potentially
hazardous waste and other unauthorized wastes before it enters the landfill including
the review of industrial customer's procedures for separating hazardous waste and other
unauthorized wastes from other wastes. The written protocol shall describe the
procedures, evaluation criteria, testing requirements and decision making process that
will be followed to determine whether to accept or reject industrial or process waste for
disposal before it enters the landfill;
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(4)
Sampling and analysis procedures to be followed for new customers and for periodic
re-testing of existing customer wastes. Testing laboratories shall be certified by the
Department;
(5)
Random inspection procedures and documentation;
(6)
Personnel training to be provided;
(7)
Recordkeeping requirements; and
(8)
A contingency plan, that includes notification procedures, and remedial actions to be
taken when hazardous waste and other unauthorized wastes are identified.
Reg.22.413- Cover Material Requirements
(a)
Daily Cover- Except as provided in paragraph (d) of this section, the owners or operators of all
Class 1 Landfills must cover disposed solid waste with six (6) inches of earthen material at the end
of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires,
odors, blowing litter, and scavenging and to limit the generation of leachate.
(b)
Alternative Cover Materials - Alternative cover materials of an alternative thickness (other than at
least six inches of earthen material) may be approved by the Director, either through individual
requests or through generalized Department approval upon demonstration that the alternative
material and thickness controls disease vectors, fires, odors, blowing litter, and scavenging without
presenting a threat to human health and the environment.
(c)
Interim Cover Material Requirements - A compacted layer of cover soil of sufficient quantity to
ensure there is no exposed waste, but not less than twelve (12) inches in total thickness including
the six inches of daily cover (or an approved alternate material), shall be applied upon surfaces that
will not receive an additional application of waste of final cover within 180 days.
(d)
Waiver - The Director may grant a temporary waiver from the requirement of paragraph (a), (b)
and (c) of this section if the owner or operator satisfactorily demonstrates that extreme conditions
exist that make meeting such requirements impractical. Failure of the operator to stockpile
adequate cover material shall not constitute justification for a waiver under this section.
Reg.22.414- Disease Vector Control
(a)
Applicability - As provided in 40 CFR 258.22, owners or operators must prevent or control on-site
populations of disease vectors using techniques appropriate for the protection of human health and
the environment.
Reg.22.415- Explosive Gases Control
(a)
Applicability - As provided in 40 CFR 258.22, owners or operators of all permitted landfills shall
ensure that:
(1)
The concentration of methane gas generated by the facility does not exceed twenty five
percent (25%)of the lower explosive limit (LEL) for methane in facility structures
(excluding gas control or recovery system components); and
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(2)
(b)
The concentration of methane gas does not exceed the lower explosive limit for
methane at the facility property boundary.
Monitoring Program Requirements - Owners or operators must implement a routine methane
monitoring program as outlined in this section to ensure that the standards of paragraph (a) are
met.
(1)
(2)
(c)
(d)
The type and frequency of monitoring must be determined based on the following
factors:
(i)
Soil conditions;
(ii)
The hydrogeologic conditions surrounding the facility;
(iii)
The hydraulic conditions surrounding the facility; and
(iv)
The location of facility structures and property boundaries.
The minimum frequency of monitoring shall be quarterly.
Gas Monitoring Plan - The owner or operator of an existing or new facility shall prepare and
submit to the Department for review and approval a gas monitoring plan demonstrating how the
requirements of this section will be met. The plan shall include a preliminary action plan outlining
immediate steps that will be taken to protect human health and safety should methane gas levels
exceeding the limits specified in paragraph (a) of this section are detected. The plan shall include
at a minimum the following information:
(1)
Site specific factors affecting landfill gas migration;
(2)
Site conditions, landfill history, site design and construction practices;
(3)
Proximity and construction of on-site and off-site structures within 1/4 mile of the
limits of refuse;
(4)
Monitoring system design rationale and methodology that includes detailed location
and design plans for in-soil gas probes; narrative description of rationale for location
and depths of the gas probes; narrative, schedules and specifications for the
construction of the probes and implementation of an approved monitoring routine; ;
(5)
A description of the monitoring points in structures, and equipment locations;
(6)
Monitoring procedures including permanent probe monitoring, monitor calibration,
recordkeeping, etc; and
(7)
Contingency plans in the case of monitoring results the LEL, notification procedures,
remedial actions, etc.
Elevated Level Detection Contingency Measures - If methane gas levels exceeding the limits
specified in paragraph (a) of this section are detected, the owner or operator of all permitted
landfills must:
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(e)
(1)
Immediately take all necessary steps to ensure protection of human health and notify
the Director;
(2)
Within seven (7) days of detection, place in the operating record the methane gas levels
detected and a description of the steps taken to protect human health; and
(3)
Within sixty (60) days of detection, implement a remediation plan for the methane gas
releases, place a copy of the plan in the operating record, and notify the Director that
the plan has been implemented. The plan shall describe the nature and extent of the
problem and the proposed remedy.
(4)
The Director may establish alternative schedules for demonstrating compliance with
paragraphs (d)(2) and (3) of this section.
Definition - For purposes of this section, "lower explosive limit" means the lowest percent by
volume of a mixture of explosive gases in air that will propagate a flame at 25oC and atmospheric
pressure.
(f)
Recordkeeping - Records shall be maintained in accordance with Reg.22.421
compliance with this section.
to document
Reg.22.416- Air Criteria
(a)
Applicability - As provided in 40 CFR 258.24 owners or operators must ensure that the units do
not violate any applicable requirements developed under a State Implementation Plan (SIP)
approved or promulgated by the Administrator pursuant to section 110 of the Clean Air Act, as
amended.
(b)
Burning Prohibition - Open burning of solid waste, except for the infrequent burning of
agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from
emergency clean-up operations and ordinance that may be allowed by the Arkansas Air Pollution
Control Code, is prohibited at all units.
(c)
Fire Safety - A facility or practice shall not pose a hazard to the safety of persons or property from
fires. This may be accomplished through compliance with this section and through the periodic
application of cover material or other techniques as appropriate.
Reg.22.417- Access Requirements
(a)
Applicability - As provided in 40 CFR 258.15 and this section, owners or operators must control
public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using
artificial barriers, natural barriers, or both, as appropriate to protect human health and safety and
the environment.
(b)
Required Facilities - The site shall be adequately fenced with an entrance gate that can be locked.
There shall be a sign with the name of the facility, permit number, emergency telephone number,
opening and closing hours and days of operation posted at the entrance to the facility.
(c)
Access and Operational Roads - All weather operational roads shall be provided for vehicle
movement within the site. The roads shall be of such construction quality to allow easy access in
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all weather conditions to all portions of the active disposal site and to other operational areas
where all weather access is necessary to achieve timely compliance with permit requirements.
(d)
Hours of Access - Access to the site shall be permitted only during the hours when operating
personnel are on the site.
Reg.22.418- Run-On/Run-Off Control Systems
(a)
Applicability - As provided in 40 CFR 258.15, owners or operators must design, construct, and
maintain:
(b)
(1)
A run-on control system to prevent flow onto the active portion of the landfill during
the peak discharge from a 24-hour, 25-year (return frequency) storm;
(2)
A run-off control system from the active portion of the landfill to collect and control at
least the water volume resulting from a 24-hour, 25-year storm.
Active Portion Runoff - Run-off from the active portion of a Class 1 landfill unit as defined in Reg.
22.102 must be handled in accordance with Reg. 22.419 and Reg.22.429.
Reg.22.419- Surface Water Requirements
(a)
General Requirements - As provided in 40 CFR 258.27 all Class 1 landfills shall not:
(b)
(1)
Cause a discharge of pollutants into waters of the United States, including wetlands,
that violates any requirements of the Clean Water Act, including, but not limited to, the
National Pollutant Discharge Elimination System (NPDES) requirements, pursuant to
Section 402 of the Clean Water Act;
(2)
Cause the discharge of a nonpoint source of pollution to waters of the United States,
including wetlands, that violates any requirement of an area-wide or State-wide water
quality management plan that has been approved under Section 208 or 319 of the Clean
Water Act, as amended;
(3)
Cause a discharge of dredged material or fill material to waters of the United States that
is in violation of the requirements under Section 404 of the Clean Water Act, as
amended;
(4)
Deposit waste in standing water; and
(5)
Allow the discharge of leachate from the landfill unit unless the discharge is permitted
under the NPDES system.
Control Systems Required - Run-on and run-off control systems shall be designed, constructed and
operated as necessary to meet the requirements of this section. Upon Department approval, run-on
and run-off control systems may be removed from service at such time as closure activities have
been completed, a permanent vegetation cover has been established, and there is no evidence of
leachate seepage or other point and nonpoint discharges from the landfill unit.
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Reg.22.420- Liquids Restrictions
(a)
Applicability - As provided in 40 CFR 258.28 bulk or noncontainerized liquid waste may not be
placed in Class 1 Landfills unless:
(b)
(1)
The waste is household waste other than septic waste; or
(2)
The waste is leachate or gas condensate derived from the unit and the unit, whether it is
a new or existing or lateral expansion, is designed with a composite liner and leachate
collection system as described in Reg.22.424(a)(2). The owner or operator must place
the demonstration in the operating record and notify the Director that it has been placed
in the operating record.
Container Prohibition - Containers holding liquid waste may not be placed in a Class 1 unit unless:
(1)
The container is a small container similar in size to that normally found in household
waste;
(2)
The container is designed to hold liquids for use other than storage; or
(3)
The waste is household waste.
(c)
Mixing and Bulking - Landfills shall not accept liquid waste for treatment unless the landfill has an
approved mixing or bulking area separate from the waste disposal area, and is equipped to solidify,
test and certify that liquid wastes treated in the mixing or bulking area meet the requirements of
this section for landfilling.
(d)
Bulking/Mixing Methods - The liquid waste or waste containing free liquids shall be placed in the
approved bulking area and shall be immediately crushed and blended with an approved absorbent
material. Air drying of wastes shall not be utilized where the practice causes or contributes to the
development of nuisance conditions including odors and vector attraction.
(e)
Free Liquids Determination - Treated liquid wastes must not exhibit free liquids as determined by
the paint filter test . The blended material must be capable of supporting cover soil and equipment
prior to disposal in the landfill.
(f)
Operation of Bulking/Mixing Area - The processing of liquid wastes shall not interfere with the
normal waste handling operations or maintenance of the facility. The Department reserves the
right to prevent the facility from further receipt and processing of this waste should it be
determined the material is mishandled in any way.
(g)
Liquid Waste Management Plan - An approved liquid waste management plan meeting the
requirements of this section shall be maintained on-site and shall be followed in the treatment of
liquid waste. The plan shall discuss at a minimum the following information:
(1)
Purpose and regulations;
(2)
Types of wastes acceptable for treatment and procedures for obtaining approval for
acceptance;
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(3)
Methods to determine the types and amounts of treatment to be provided;
(4)
Design, location, and operation of treatment facilities to include methods of receiving
the waste into treatment or bulking areas;
(5)
Methods to test and document the treated waste is acceptable for landfilling; and
(6)
Personnel training and recordkeeping.
Reg.22.421- Recordkeeping Requirements
(a)
Applicability - As provided in 40 CFR 258.29 and provisions herein, the owner or operator must
record and retain at the facility in an operating record or in an alternative location approved by the
Director the following information as it becomes available:
(1)
Any required location restriction demonstrations;
(2)
Inspection records, training procedures, and notification procedures required in Reg.
22.412;
(3)
Gas monitoring results from monitoring and any remediation plans required by Reg.
22.415;
(4)
Any design documentation for placement of leachate or gas condensate in a Class 1
Landfill as required under Reg.22.420(a)(2).
(5)
Any demonstration, certification, finding, monitoring, testing or analytical data required
by Chapter 12;
(6)
Closure and post-closure care plans and any monitoring, testing, or analytical data as
required by Reg. 22.1301 and Reg.22.1302;
(7)
Any cost estimates and financial assurance documentation required by Chapter 14;
(8)
Any quality assurance/quality control (QA/QC) documentation, certification, and test
result relating to the construction of the landfill liner and leachate collection system,
ground water monitoring system, and final cap; and
(9)
Any other records required by Regulation 22.
(b)
Department Notification - The owner or operator must notify the Director when the documents
from paragraph (a) of this section have been placed or added to the operating record, and all
information contained in the operating record must be furnished upon request to the Director or be
made available at all reasonable times for inspection by the Director.
(c)
Alternative Recordkeeping Schedules - The Director can set alternative schedules for
recordkeeping and notification requirements as specified in paragraphs (a) and (b) of this section,
except for the notification requirements in Reg.22.402(c) and Reg.22.1205(g)(1)(iii).
(d)
Waste Receipt Records - Each owner or operator shall provide an adequate means of recording the
weight of waste that is disposed in the landfill by each hauler or generator. At a minimum, each
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facility shall have a "ticket" system, by which the hauler is provided a ticket or receipt of the
disposal and the facility retains a duplicate of the ticket or receipt. The ticket or receipt shall be
prepared so that the following information is displayed:
(1)
The customer (hauler or generator) name;
(2)
A unique identifier for the disposal truck or container (if the customer has more than
one disposal vehicle);
(3)
The amount of waste disposed as per Reg.22.421(j)); and
(4)
The date, time and general location of disposal.
(5)
A facility may propose an alternative system, if a demonstration can be made that the
alternative system allows for an accurate determination of the source and waste
quantities received, and otherwise meets the requirements of this section.
(e)
Gas Monitoring Data - Explosive gas monitoring records shall be maintained that identify the test
results, date of testing, test location, person performing the tests, local conditions that may impact
test results, and any measures taken to mitigate hazards from explosive gases.
(f)
Leachate Disposal - Leachate disposal records shall be maintained that document approval of the
disposal method and location, and the date and quantity of leachate disposed of or recirculated in
the landfill unit. Leachate analytical data shall be maintained for leachate disposed of and for
leachate that is recirculated in the landfill unit.
(g)
Special Waste - Records shall be maintained of the analytical results from the analysis of
potentially hazardous commercial, industrial and process wastes that are accepted for disposal. In
addition, written procedures for safely handling and disposing of special materials and potentially
hazardous substances shall be maintained at the site.
(h)
Inspections - Records of any periodic inspections required by this Regulation or permit conditions
shall be maintained at the site.
(i)
Retention Period - The records required under this section shall be permanently maintained by the
owner or operator unless destruction of the records is authorized by the Director following the
completion of the post closure monitoring period.
(j)
Landfill Scales - All landfills having not completed closure as per the requirements of Reg.22.1301
by Janaury 1, 2004 shall have scales and shall weigh all solid waste received at the facility. This
requirement may be satisfied by utilizing an alternative weighing system approved by the Director
of the Arkansas Department of Environmental Quality. Solid Waste shall be weighed in
accordance with the following provisions:
(1)
All loads in excess of one (1) ton of two thousand pounds (2,000 lbs.) shall be weighed,
unless otherwise authorized in writing by the Arkansas Department of Environmental
Quality.
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(2)
Residential and other similar loads weighing less than one (1) ton of two thousand
pounds (2,000 lbs.) may be estimated.
(3)
Landfill scales shall be maintained and operated in accordance with the United States
Department of Agriculture standards.
Reg.22.422- Operating Plan And Narrative
(a)
Applicability - Each facility shall develop and implement an operating plan and narrative. The
purpose of the operating plan and narrative shall be to develop and present site specific methods
and procedures by which the facility will maintain and document compliance. The operating plan
and narrative shall address the requirements of this regulation and any other regulations applicable
to the operation and construction of the facility.
(b)
Submission Date - The operating plan and narrative shall be submitted to and approved by the
Department as either a part of the permit application process (Reg.22.303), permit modification
process (Reg.22.308) or permit renewal process.
(c)
Updates - Each facility shall update the operating plan and narrative as required to reflect current
operations and regulations. Revisions to the document shall also be submitted to the Department
which reserves the right to require that the changes be accomplished through permit modification
prior to implementation.
Reg.22.423- Annual Engineering Inspection Reports
(a)
Applicability - This section applies to all permitted Class 1 landfills.
(b)
Report Requirements - A professional engineer registered in the State of Arkansas shall inspect the
landfill site at least annually and prepare an annual report addressing operational compliance with
permit conditions, permit plans, specifications, narrative and all applicable regulations. The
Annual Engineering Inspection Report shall address the 12-month period from January through
December and shall be submitted to ADEQ by March 31 of the following year. The Annual
Engineering Inspection Report shall contain at a minimum:
(1)
The volumetric capacity remaining in the current landfill cell or area and the projected
date for opening new cells or areas;
(2)
The estimated remaining volumetric capacity of all permitted Class 1 landfill units, the
landfill capacity (total air space) utilized during the past one year period, and the
estimated remaining site life (in years) based upon the utilization rate during the
previous one (1) year period.
(3)
Documentation of compliance of facility fill progression with the approved permit
plans, specifications and operating narrative;
(4)
Documentation of compliance with the operating requirements of this regulation,
permit conditions, and the approved operating plan and narrative;
(5)
An updated contour map that depicts:
(i)
The horizontal and vertical extent of the active and inactive fill areas;
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(ii)
The status of each permitted landfill unit or cell (future unit, active unit, inactive,
under construction, under interim cover, undergoing closure, closed, post-closure,
etc.);
(iii)
The survey grid system required by Reg.22.426;
(iv)
The location of any other visible surface features or improvements such as roads,
fences, buildings, gas control systems, surface water control systems, etcetera; and
(v)
The person responsible for gathering survey data and the date(s) that survey data
was taken to prepare the map. For purposes of annual reports, survey data may be
collected by any person familiar with survey techniques, however, a professional
land surveyor, registered in the State of Arkansas, shall perform the initial survey of
new units required under Reg.22.428(h) and final survey of closed units required
under Reg.22.1301(i).
(6)
Quantity, location and characteristics of leachate collected, recirculated and disposed;
(7)
Maintenance of stormwater controls and other best management practices for erosion
control;
(8)
Status of capping and closure of completed areas;
(9)
Status of remedial or corrective actions taken;
(10)
Updated Financial Assurance documentation as required in Chapter 14 Financial
Assurance Criteria of these regulations.
(11)
Revised or updated facility Closure Plan in accordance with the requirements contained
in Chapter 13 Closure and Post-Closure Care of these regulations.
(12)
Any other items that affect compliance at the landfill;
Reg.22.424- Minimum Design Criteria
(a)
Applicability - New Class 1 Landfills and lateral expansions shall be constructed:
(b)
(1)
In accordance with a design approved by the Director. The design must ensure that the
concentration values listed in Table 1 of this section shall not be exceeded in the
uppermost aquifer at the relevant point of compliance, as specified by the Director
under paragraph (d) of this section, or
(2)
With a composite liner, as defined in paragraph (b) of this section and a leachate
collection system that is designed and constructed to maintain less than a 30-cm (12
inch) depth of leachate over the liner.
Definition - For purposes of this section, "composite liner" means a system consisting of two
components; the upper component must consist of a minimum 30-mil flexible membrane liner
(FML), and the lower component must consist of at least a two-foot layer of compacted soil with a
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hydraulic conductivity of no more than 1 x 10 cm/sec. FML components consisting of High
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Density Polyethylene (HDPE) shall be at least 60-mil thick. The FML component must be
installed in direct and uniform contact with the compacted soil component. A protective layer
consist of no less than twelve (12) inches of material approved by the Department and suitable to
protect the FML component.
(c)
(d)
(e)
Liner Design Approval - When approving a design that complies with paragraph (a)(1) of this
section, the Director shall consider at least the following factors:
(1)
The hydrogeologic characteristics of the facility and surrounding land;
(2)
The climatic factors of the area; and
(3)
The volume and physical and chemical characteristics of the leachate.
Point of Compliance - The relevant point of compliance specified by the Director shall be no more
than 150 meters from the waste management unit boundary and shall be located on land owned by
the owner of the municipal solid waste landfill unit. In determining the relevant point of
compliance, the Director shall consider at least the following factors:
(1)
The hydrogeologic characteristics of the facility and surrounding land;
(2)
The volume and physical and chemical characteristics of the leachate;
(3)
The quantity, quality, and detection, of flow of ground water;
(4)
The proximity and withdrawal rate of the ground-water users;
(5)
The availability of alternative drinking water supplies;
(6)
The existing quality of the ground water, including other sources of contamination and
their cumulative impacts on the ground water and whether ground water is currently
used or reasonably expected to be used for drinking water;
(7)
Public health, safety, and welfare effects; and
(8)
Practicable capability of the owner or operator.
Minimum design criteria shall comply with the requirements under Reg.22.1301 et seq. where
applicable.
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Table 1 Design Standard Concentration Values
Chemical
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chromium
2,4-Dichlorophenoxy acetic acid
1,4-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylene
Endrin
Fluoride
Lindane
Lead
Mercury
Methoxychlor
Nitrate
Selenium
Silver
Toxaphene
1,1,1-Trichloromethane
Trichloroethylene
2,4,5-Trichlorophenoxy acetic acid
Vinyl Chloride
MCL (mg/l)
0.05
2.0
0.005
0.005
0.005
0.1
0.1
0.075
0.005
0.007
0.0002
4
0.002
0.015
0.002
0.1
10
0.05
0.05
0.005
0.2
0.005
0.01
0.002
Reg.22.425- Landfills In Boone And St. Joe Formations
(a)
Applicability - The following are minimum design standards for Class 1 landfills that are located
within the outcrop area of the Boone and St. Joe Formations. The design phase of a project must
neutralize all limitations noted in the site characterization study through engineering modification
or operating methods. The design of the containment structure must meet or exceed the minimum
standards listed in these regulations.
(b)
(c)
Separation Requirements (1)
A minimum separation of ten (10) feet must be maintained between the bottom of the
bottom liner system and the seasonal high water table surface.
(2)
A minimum vertical separation of ten (10) feet must be maintained between the bottom
liner and the highest point of the bedrock or pinnacles.
(3)
All fill structures and operations must be above the one hundred (100) year flood
elevation.
Liner System -
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(d)
(e)
(1)
The minimum slope on the bottom liner must insure positive drainage of leachate after
maximum loading and maximum expected strain.
(2)
All bottom liner systems must consist of a double composite separated by a leak
detection system. Each composite liner shall consist of an upper geomembrane liner
(60 mil minimum thickness) directly overlying a low permeability soil layer, as
described in Reg. 22.424(b).
(3)
The soil and synthetic components of the composite liner must meet the requirements
of Reg. 22.428.
Leachate Collection System - The double composite liner system must have a leachate removal
system directly overlying the upper composite liner. In addition to the requirements of
Reg.22.429, the leachate collection and removal system must meet the following standards:
(1)
The system must be designed such that leachate head above the primary composite liner
does not exceed one foot under the most severe conditions anticipated.
(2)
The drainage material must be free of organic and carbonate material, contain less than
five percent (5%) by weight which passes the #200 sieve, have a minimum hydraulic
conductivity of 1 x 10-3 and be a minimum of twenty-four (24) inches in thickness.
Equivalent drainage nets or fabric may be used in lieu of the twenty-four (24) inch
drainage layer provided a substitute protective layer is provided and the system
provides an equivalent hydraulic conductivity to the twenty-four (24) inch layer.
(3)
Leachate collection pipes must be incorporated into the drainage layer to convey liquid
out of the landfill to storage tanks or a treatment system. The pipes must be a minimum
of six (6) inches in diameter and must be chemically compatible with the leachate
generated at the landfill and be structurally capable of supporting the maximum static
and dynamic load anticipated from the overlying fill material and construction
equipment.
Leak Detection System - The double composite liner system must have a leak detection system
located between the upper composite and the lower composite liners. The leak detection system
must conform to the following standards:
(1)
The minimum thickness of the coarse grained material must be 1 foot;
(2)
Leak detection systems shall meet the standards for leachate collection system design
and construction. A minimum hydraulic conductivity of 1 x 10-3 cm/sec must be
obtained in the leak detection system material.
(3)
An action leakage rate must be developed for the design and approved by the
Department. If leakage rates exceed the action leakage rate, fill operations must cease
and the Department must be notified. A written contingency plan must be developed
for the facility which outlines steps and measures to be taken if the action leakage rate
is exceeded.
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(4)
(f)
Daily records of fluid accumulation in the leak detection system must be maintained by
the owner or operator.
Final Cover Design - In addition to the requirements of Reg.22.1301, the top liner or cap of the
landfill must be designed to minimize infiltration of storm water into the waste mass. The cover
system design must incorporate the following minimum standards:
(1)
A gas venting layer at least six (6) inches in thickness that meets the standards for
leachate collection system design and construction having a minimum hydraulic
conductivity of 1 x 10-3 cm/sec and no more than 5 percent by weight passing the #200
sieve, must be placed directly above the final lift of waste. Gas vent risers with slotted
screen which extend at least 3 feet into the waste mass and fitted with a goose neck cap
or equivalent to allow effective venting must be installed in the landfill. Vent spacing
shall be a minimum of 1 per acre. The annular space in the gas vent risers must be
backfilled with clean crushed stone to enhance gas migration from the venting layer to
the riser.
(2)
A composite infiltration barrier system shall be installed above the gas venting layer.
The barrier system shall consist of two components; the upper component consisting of
a minimum 30-mil flexible membrane liner (high density polyethylene shall be at least
60-mil thick), and the lower component consisting of at least a 18 inch layer of
compacted soil with a hydraulic conductivity of no more than 1 x 10-7 cm/sec. The
flexible membrane liner component must be installed in direct and uniform contact with
the compacted soil component. The composit cover system shall be designed and
constructed in accordance with the requirements of Reg.22.428 except that the fines
content of the barrier layer soil must be fifty percent (50%) or greater passing the #200
sieve. The barrier soil be free of large objects and must meet the following
specifications:
(i)
The barrier soil layer must have a Plasticity Index of greater than 10 percent.
(ii)
Fines content of the barrier layer soil must be 50 percent or greater passing the #200
sieve.
(iii)
Material greater than a #4 sieve must not compose more than 20 percent by weight
of the soil.
(iv)
No particles greater than 1 inch in diameter.
(3)
A barrier protective layer must be placed directly over the barrier soil layer. This
protective layer must be at least twenty four (24) inches in thickness and the lower 6
inches must be free of objects greater than 1 inch in diameter.
(4)
A top soil layer of at least six (6) inches must be placed above the barrier soil protective
layer. The top soil layer must be capable of sustaining vegetative growth over the
landfill.
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(g)
Final Cover Slopes - Minimum slopes on the landfill cap shall be four percent (4%) or greater.
Maximum slopes shall not exceed twenty-five percent (25%). Slopes greater than ten percent
(10%) will require specialized erosion control measures which will ensure long term stability.
(h)
Vegetative Cover - An appropriate grass cover crop must be established, during the recommended
planting season, on completed portions of the landfill. The operating plan must contain a section
describing in detail re-vegetation procedures.
(i)
Drainage Filters - All granular drainage layers must be bounded above and below by geosynthetic
liner or filters. The filter fabric must be compatible with leachate and landfill gas. The filters must
allow free passage of gases and fluids while preventing clogging of the granular drainage layer.
(j)
Alternative Designs - The Department may approve alternative designs proposals if determined by
the staff to meet or exceed the minimum standards set forth above.
(k)
Quality Assurance and Quality Control - A Quality Control and Quality Assurance Plan for liner
and final cover construction must be developed in accordance with the requirements of
Reg.22.428.
(l)
Quality Assurannce - The permittee shall employ a third party engineering firm to insure proper
construction of each component of the containment structure in accordance with the requirements
of Reg.22.428.
Reg.22.426- Survey Control
(a)
Applicability - Each facility shall develop and maintain a method of survey control as a means of
insuring and documenting that the facility is developed in accordance with the permit drawings.
Specifically, the site shall develop a grid coordinate system, that will allow facility features to be
located in a three dimensional manner. The grid system shall be developed in accordance with the
following guidelines.
(b)
Survey Control Requirements - The grid system may be developed using assumed and not "true"
reference directions (Ex. true north, mean sea level, etc.) if it is more convenient and workable. If
assumed directions or elevations are used, then there should be some positive means developed to
relate the site grid to an established grid coordinate system such as the State Plane Coordinate
System or the Transverse Mercator System and to mean sea level.
(c)
Benchmarks - At least three permanent points will be established from which the site grid can be
referenced. Each permanent point must be located in areas where they are not likely to be
disturbed. In the event that they are disturbed, then they shall be immediately re-established and
the Department shall be notified. The grid, grid coordinate system, and reference points shall be
shown on all permit drawings, cell as-built drawings and any modification submittals made to the
Department.
(d)
Grid Markers - Grid markers shall be established at positions to allow visual inspection of the
progression of the fill and other features. The markers shall be mounted on steel posts, brightly
painted, and placed in areas where they are not likely to be damaged or destroyed. Markers shall
be identified consistent with permit drawing notations.
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(e)
(f)
Landfill Feature Location - Prominent landfill features shall be located and referenced to the
approved site grid. At a minimum, the prominent features include:
(1)
Property boundaries or corners;
(2)
Monitoring wells and piezometers;
(3)
Leachate risers, manholes and collection piping;
(4)
Limits of refuse placement and perimeter of flexible membrane liner;
(5)
Liner and cap top and bottom;
(6)
Point source discharges;
(7)
Gas monitoring facilities;
(8)
Utility lines within fifty (50) feet of the disposal area; and
(9)
Other features deemed significant by the operator or the Department.
Limits of refuse placement and perimeter of flexible membrane liner shall be continuously staked
according to the approved site grid system.
Reg.22.427- Surface Water Control
(a)
Applicability - Each landfill shall design and implement a system to control surface water at the
facility in a accordance with the minimum standards set forth in this section.
(b)
Surface Water Control Requirements - Design of permanent and temporary drainage and runoff
facilities and structures shall be documented in the operating or design narrative. Unless approved
by the Department each facility shall be designed with a positive means of runoff and
sedimentation control such as a sedimentation pond through which runoff from disturbed areas is
routed. Runoff from active portions of the working face that has contacted the waste shall be
considered leachate and shall be managed accordingly.
(c)
Sedimentation Pond Discharges - Sedimentation pond discharges shall be permitted as required by
the Department. Copies of discharge permits and monitoring reports shall be retained on site and
be available to the Department for inspection.
(d)
Erosion Control - The design shall also include berms, swales, benches, downchutes and other
measures as appropriate on steep slopes to minimize erosion. In areas where flow quantity and
velocity warrant, rip rap, gabions, revetments, or other protection shall be provided.
(e)
Active Portion Runoff - The design narrative shall describe methods that the facility will use to
minimize and control runoff from active portions of the landfill. The narrative shall also describe
methods that the facility will utilize to segregate contaminated from uncontaminated runoff during
fill activity.
(f)
Final and Interim Slope Stabilization - The operating narrative shall describe seeding and soil
stabilization methods on both interim and final slopes. In general, exposed slopes shall be seeded
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or stabilized if it is anticipated that these slopes will not be disturbed for more than one growing
season. More frequent seeding or stabilization may be required to prevent erosion of the cover
system. The narrative shall also describe vegetative maintenance procedures and shall provide that
vegetation shall be maintained in such a manner that vigorous growth is achieved.
(g)
Use of Fertilizers, Pesticides, Herbicides, etc. - The use of fertilizers, soil mixtures, pesticides and
herbicides shall be controlled to prevent pollution of surface and ground water.
Reg.22.428- Liner And Final Cover Design And Construction
(a)
Quality Assurance Plans - Bottom, sidewall liners and final covers (both synthetic and clay
components) shall be constructed in accordance with written quality assurance plans. The plan(s)
shall be made a part of the operating narrative and detail quality assurance methods for all aspects
of the completed construction. Site specific plans shall be developed based on the provisions of
the Generic Construction Quality Assurance Plan for the Lining and Cover Systems Guidance
Document dated September 1992. Copies of the generic plan may be received from the Solid
Waste Management Division. Facilities may, at their option, adopt the generic plan, develop a
site-specific plan that incorporates the generic plan provisions, or adopt the generic plan with
certain express site specific modifications. At a minimum, quality assurance plans shall
incorporate the specifications described herein.
(b)
Liner Material Compatibility - Liner materials and components must be chemically compatible
with and resistant to the expected waste, leachate and/or soil characteristics.
(c)
Soil Liner Material Criteria - Soil components of liners, final covers and testing of soil components
shall meet the following minimum specifications:
(1)
Fines content of soil (material passing a #200 sieve) shall be greater than 30 percent.
(2)
The soil must be classified as either CL, CH, or SC and should have a Plasticity Index
(PI) greater than 10.
(3)
Material greater than #4 sieve must compose less than twenty percent (20%)of soil by
weight with no particle sizes greater than 1.0 inch in diameter.
(4)
Soil clod size must be less than four (4) inches in diameter.
(5)
The soil component of the composite liner system and final cover barrier layers must
have a hydraulic conductivity (K) of 1 X 10-7 cm/sec or less as measured by
undisturbed hydraulic conductivity test, and installed and compacted at a minimum of
90% Standard Proctor maximum dry density at a moisture content above optimum as
determined by ASTM D698 or equivalent modified proctor or other demonstration of
adequate shear strength and compressibility using geotechnical laboratory testing
methods.
(6)
Pre-construction testing shall be conducted at the rate of one test per every 20,000 cubic
yards of liner or final cover barrier material or more frequently if visual observations
indicate a change in material characteristics. Tests shall be conducted in a manner to
correlate compaction effort to permeability. Tests shall include:
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(i)
Moisture Content (ASTM D854)
(ii)
Particle Size (ASTM D1140, D422)
(iii)
Atterburg Limits (ASTM D4318)
(iv)
Laboratory Compaction (ASTM D698)
(v)
Laboratory Hydraulic Conductivity at a specified compaction (ASTM D5084)
(7)
Construction testing on soil hauled for liner or final cover placement shall be conducted
at a rate of one test set every 5,000 cubic yards of material used in the construction of
the liner, or more frequently if visual observation indicate a change in material or if
otherwise indicated herein. In addition to the test shown below, the liner shall be
monitored to insure bonding between lifts and that the specified lift thickness is being
achieved. Tests shall include:
(i)
Moisture Content (ASTM D854)
(ii)
Particle Size (ASTM D1140, D422)
(iii)
Atterburg Limits (ASTM D4318)
(iv)
Laboratory Compaction (ASTM D698)
(v)
Laboratory Hydraulic Conductivity at a specified compaction (ASTM D5084)
(8)
Field testing of the completed liner or final cover barrier shall be conducted at the rate
of one test set every 10,000 ft2 of liner constructed per compacted lift and shall include:
(i)
(9)
In Place Field Density/Moisture Content (ASTM D2922)
Performance testing on undisturbed field samples shall be conducted at the rate of one
test every 40,000 square feet of liner or final cover barrier constructed per compacted
lift and shall include:
(i)
Hydraulic Conductivity Testing (ASTM D5084)
(10)
Liner or final cover barrier penetrations resulting from performance testing will be
repaired using bentonite clay or other manner approved by the certifying professional.
Constructed liner should be rolled, wetted or protected in order to prevent desiccation
and freeze/thaw damage.
(11)
Test fills (section II, subsection 3 of the generic plan) will be required prior to the
construction of the clay lined area at a facility meeting the requirements of this section.
Where the facility or an earth work contractor has successfully completed and
documented a minimum of 500,000 square feet of clay liner or final cover barrier
construction consistent with the requirements of this section during the last three (3)
years, the owner or operator may submit a written request to the Department to waive
the test fill requirements of this section.
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(d)
Geomembrane Testing (1)
Prior to delivery, the geomembrane manufacturer shall provide conformance testing
results demonstrating that the material meets the required specifications and shall
certify that the results are guaranteed.
(2)
Conformance Testing (1 test set every lot or every 100,000 ft2 whichever is greater).
Material lots found not in conformance will be rejected.
(i)
Density (ASTM D1505) or Specific Gravity (ASTM D792, Method A)
(ii)
Carbon Black Content (ASTM D1603)
(iii)
Carbon Black Dispersion (ASTM D3015)
(iv)
Thickness (ASTM D1593)
(v)
Tensile Properties (ASTM D638)
(vi)
Tear Resistance (ASTM D1004, Die C)
(3)
Seam Testing (i)
Trial seams tested in field tensiometer or at testing laboratory at the beginning of
every day and every 4 working hours.
(ii)
Air pressure and vacuum testing of all field seam lengths.
(iii)
Destructive testing every five hundred (500) feet of seam length in laboratory of
strength and peel adhesion (ASTM D4437).
(e)
Quality Assurance for Incidental Items - Quality assurance procedures for other materials deployed
in the construction, such as geotextiles, geonets, geosynthetic clay liners, granular drainage
blankets, etc., shall also be included in the written QA plans. The above requirements are only
intended to act as minimum values and will not relieve the facility of the burden to prepare a site
specific quality assurance plan.
(f)
Department Notification of Construction Schedule - When the liner or final cover construction
activity has been substantially planned, the Department shall be notified of the tentative
construction schedule. The notification should include the area to be constructed, and the names of
the contractors and certifying professional. If the facility is to construct a test fill (see subsection
(b)(11) of this section), this date shall also be provided with the notification.
(g)
Third Party CQA Firm - Construction quality assurance (CQA) shall be provided by an
independent third party. If the certifying firm or individuals have any relationship with the owner
or operator of the facility which could be interpreted as a conflict (such as belonging to a firm
under the same corporate umbrella), these should be disclosed in advance of the construction.
(h)
Required Presence - A qualified member of the CQA firm should be present at the site
continuously during liner or final cover barrier construction. The professional certifying the
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construction shall at a minimum visit the site at least once prior to construction, once during
construction, and once after construction is substantially completed unless such visits are not
practical. Additional visits by the professional certifying the construction shall be required if
additional visits are prescribed in the approved Quality Assurance Plan or if site conditions
warrant.
(i)
Certification Reports - Construction shall be documented in the form of a certification report
prepared by a professional engineer registered in the State of Arkansas. The report shall include
summaries of all construction activities, testing data sheets and summaries, sample location plans,
construction problems and solutions, changes from design and material specifications, and a
summary statement signed and sealed by the certifying professional. The report shall include "asconstructed" or record drawings (to a scale no larger than 1'=100') of the disposal area which
identify at a minimum:
(1)
The limits of liner or final cover barrier construction;
(2)
The top and bottom liner or final cover barrier elevations at 50' intervals referenced to
the site grid coordinate system;
(3)
If a granular drainage blanket is utilized in the design, top of blanket elevation should
be identified at 50' elevations;
(4)
The location and elevation of slope breaks, leachate piping, leachate sumps and
trenches, berms, and any other features which are material to the disposal area
construction;
(5)
A key map showing the location of the construction in relation to the permitted design,
along with an identification of areas previously constructed and areas yet to be
constructed;
(6)
Compaction and permeability testing locations; and
(7)
If necessary to document leachate head level compliance (subsections (a)(2) and (g)(6)
of this section), the report should also indicate the lowest point of the liner constructed
not including leachate trenches and sumps.
(8)
In addition, the certifying professional shall make a statement that the cell was
constructed in accordance with the permit drawings and narrative. The report should
also include a list of any deviations from the permitted drawings, if they exist, and
reasons for the deviations.
(j)
Certification Report Approval - The report shall be submitted to the Department for review and
approval prior to the commencement of disposal activities in the newly constructed area. If no
notice to the contrary is received by the owner or operator within 14 days after receipt by the
Department of the report, the report shall be deemed to be acceptable and disposal operations may
commence.
(k)
Changes to the Approved Design – The Department shall approve all proposed changes to the
approved design and/or material specifications prior to construction.
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Reg.22.429- Leachate Collection System Design And Construction
(a)
System Requirements - Leachate collection systems shall be designed and installed to facilitate
dewatering of the waste mass and disposal area. The systems shall be designed to limit the
maximum leachate head on the bottom liner at any point at any time to 30 cm (12 inches) or less.
The system shall also be designed to facilitate maintenance.
(b)
Drainage Layer - The leachate collection system shall consist of a permeable drainage layer with a
minimum hydraulic conductivity of 1 x 10-3 cm/sec or greater over the top of the liner system with
a system of pipes and trenches at lower portions of the disposal areas which transmit leachate to a
point or location for removal. The system shall include provisions for the rapid removal and
storage of leachate such as storage tanks, ponds, or treatment facilities. Loading or discharge
stations shall be provided as necessary.
(1)
Granular materials used in the leachate collection system shall be free of organic
material, and contain less than five percent (5%) by weight which passes the #200
sieve. The use of carbonate rock for leachate collection systems should be avoided,
especially where low pH leachates are anticipated.
(2)
Alternative drainage layer materials or conductivites may be approved upon adequate
demonstration that the drainage layer will otherwise meet the requirements of this
section.
(c)
Collection System Design and Documentation - The plans and design narrative should fully show
and describe the leachate collection system and method of management. Calculations or
demonstrations should be provided to show that the collection system will adequately dewater the
waste mass and that clogging of the system will not occur.
(d)
Collection Pipe Design - Leachate collection pipes shall be minimum six (6) inches in diameter,
must be chemically compatible with leachate and structurally capable of supporting the maximum
static and dynamic load anticipated from the overlying fill material and construction equipment
and it shall be demonstrated that the pipe has sufficient strength to resist crushing. Perforations
shall be designed so as to minimize clogging. The pipe shall be laid on a sufficient slope to insure
adequate flow to the riser or manhole after consideration of potential future settling or
consolidation of the landfill bottom.
(e)
Leachate Manhole/Riser Design - Leachate collection manholes or risers shall be located to
prevent potential damage by landfill equipment. Manholes and risers will be constructed from
materials of sufficient thickness to prevent crushing or deformation due to uneven loading during
landfilling operations. Penetration of the liner system by leachate collection pipes is discouraged.
If it is necessary to extend leachate collection pipes through a liner system, the methods used to
seal the penetration must be described and detailed.
(f)
Existing Leachate Removal Systems - The requirements of this paragraph apply to the operation
and upgrades of leachate removal systems installed prior to the effective date of this regulation.
The design of new systems shall be in accordance with paragraph (g).
(1)
General Requirements - A positive method of leachate extraction shall be provided
from the collection system in order to assure compliance with the head limitations of
paragraph (a) of this section.
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(g)
(h)
(2)
Automatically activated pumps with pre-set elevations to turn the pumps on and off are
preferred but not required. Manually activated pumps or pumping systems may be used
if some means to measure and limit leachate head level is approved and implemented.
If the facility can not demonstrate that it can consistently maintain the required head
level, automatic pumps shall be installed.
(3)
The facility shall address operation of the leachate collection system during the
postclosure period in the facility design and operating narrative. While an automatic
system may not be required during the active phase, it may be required during the post
closure phase.
(4)
Any modification of the removal systems or equipment replacement after the effective
date of this regulation shall be in accordance with the requirements of paragraph (g).
New Leachate Removal Systems - The requirements of this paragrapgh apply to leachate removal
systems installed after the effective date of this regulation.
(1)
General Requirements - A positive means for the rapid removal of leachate from the
collection system shall be provided to assure compliance with the head limitations of
paragraph (a) of this section. Leachate removal systems, whether gravity flow or
pumped flow systems, shall be designed for the anticipated peak flow. Failure alarm
systems, back-up equipment, and contingency plans shall be provided as necessary to
assure reliability.
(2)
Gravity Flow Systems - Where the design provides for gravity flow of leachate from
the collection system to storage tanks or treatment units, adequate peak flow storage
shall be provided to assure continual removal of leachate. Visual high water alarms on
the tank may be required and at least two days peak flow storage should be provided
above the high water alarm.
(3)
Pump Systems - Where the design provides for pumping of leachate from the collection
system to storage tanks or treatment units, pumps shall be designed to handle the
anticipated peak flow. Dual, alternating pumps installed in the wetwell are required, or
for small systems, a portable back-up pump may be provided. Visual high water
alarms shall be provided.
(4)
Storage Tanks - Tanks shall be provided with adequate peak and reserve storage for the
expected removal frequency. A means to easily measure daily leachate levels shall be
provided as well as visual high water indicator or alarm system.
(5)
Safety and Maintenance Features - Automatic systems should be designed with alarms
and trouble lights to indicate the need for servicing, as well as automatic cut off devices
to prevent overfilling of storage tanks and to prevent pumps from running dry unless
they are designed to run dry. Sufficient spare parts should be maintained at the site or
contingency plans should be made in the event of failure.
Secondary Containment Outside Lined Areas - Storage tanks and piping external to the lined area
should be provided with secondary containment. Storage ponds must be lined similar to the
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disposal area. If storage ponds are utilized, some means of aeration should be provided to prevent
odors.
(i)
On-site Leachate Treatment - If the owner or operator proposes to treat leachate on-site prior to
disposal, the treatment system design shall be submitted for approval. The owner or operator shall
demonstrate that the facility has the appropriate discharge permits.
(j)
Certification - Construction of leachate collection systems shall be certified in the same manner as
liner or cover systems. Construction documentation may be submitted with the liner construction
documentation report Reg.22.428(i). "As constructed" features for leachate collection systems
shall be included with other cell construction features in the liner certification report and shall
include the following:
(k)
(1)
Leachate collection pipe size, type, horizontal and vertical locations, and slope;
(2)
Leachate collection trench and sump locations with elevations;
(3)
Manhole or riser locations with top and invert elevations;
(4)
Leachate pump station locations and elevations of the bottom of the wet well, inlet
invert, pump on, and pump alarm;
(5)
Location and description of leachate storage tanks and other handling facilities; and
(6)
In addition, the certifying professional shall certify that the leachate system was
constructed in accordance with the permit drawings and narrative.
Leachate Management and Disposal - The narrative shall also describe the proposed means of
leachate management. The narrative shall describe the method(s) of disposal and include the
following:
(1)
If disposal is to a sanitary sewer system either by trucking or a direct connection, the
receiving system must have the means to evaluate the effect of the discharge to insure
that it will not inhibit or disrupt either it's collection or treatment system. Copies of
new or revised permits should be included with engineering inspection reports.
(2)
If a facility proposes to use leachate recirculation as its primary means of leachate
management, it shall also obtain an agreement with a disposal facility in the event that
recirculation does not prove effective.
(3)
If leachate recirculation is the proposed management method, the facility shall, in
addition to meeting the requirements of Reg.22.420, describe in detail how leachate
will be removed and re-introduced into the waste mass. The description shall include
temporary storage facilities, the specific means and control methods for incorporating
the leachate into the waste mass, odor control methods, and worker protection
measures. In addition, contingency plans as described in paragraph (2) of this
subsection shall be provided.
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(4)
(l)
Leachate may be land applied only after express approval or permitting by the
Department and provided that the applicant can demonstrate a beneficial use resulting
from the practice.
Leachate Screening and Monitoring - Each landfill required to install leachate collection systems
shall test representative samples of leachate for each of the ground water monitoring parameters
required under Chapter 12, Ground Water Monitoring and Corrective Action or by permit
conditions. Sampling parameters, frequencies and locations shall be determined based on the
character and quantity of leachate produced and the following requirements.
(1)
(i)
Appendix 1 constituents for Class 1 landfills;
(ii)
Appendix 2 constituents for landfills required to implement an assessment
monitoring program pursuant to Reg.22.1205;
(iii)
Appendix 3 constituents for Class 3 landfills or an appropriate subset of
constituents based on waste characteristics data; or
(iv)
An appropriate subset of constituents selected from Appendix 1 for other facilities
required to monitor leachate quality.
(2)
Adjustment to Sampling Parameters - The Director may approve the deletion of
sampling parameters where analytical data indicates a constituent has not historically
been detected and is not reasonably expected to be present in the leachate, however,
periodic re-sampling for the full constituent list may be required to confirm consistent
leachate characteristics.
(3)
Sampling Frequency - The initial sampling frequency shall be at the same frequency
required under Chapter 12 for ground water monitoring. Sampling frequency may be
adjusted as follows.
(4)
(m)
Sampling Parameters - The initial sampling parameters shall include:
(i)
If the owner or operator is required to implement an assessment monitoring
program, quarterly sampling of leachate shall be performed for the first year of the
assessment monitoring program.
(ii)
The Director may decrease the sampling frequency where historical data indicates
little variation in the concentration of detected constituents.
Sampling Locations - Sampling locations shall be selected that will produce
representative samples of the leachate quality generated by the landfill.
Leachate Disposal Testing - Leachate testing requirements shall be determined by the Department
based on the character and quantity of leachate produced and the ultimate disposal method.
(1)
Where disposal of leachate is to a publicly owned treatment works, leachate disposal
testing requirements shall conform to any Department approved pretreatment programs
and procedures.
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(2)
(3)
(n)
Prior to acceptance of leachate for treatment, publicly or privately operated treatment
works that are not required to implement and operate pretreatment programs shall
obtain Department approval. Treatment works operators shall demonstrate that:
(i)
The facility is permitted under the National Pollutant Discharge Elimination System
and that acceptance of the leachate would be in compliance with permit provisions;
(ii)
Adequate treatment capacity and capability is available; and that
(iii)
An adequate testing program is in place to assure that only nonhazardous leachate is
accepted for treatment and disposal and the leachate is of a concentration and
character that is amenable to treatment.
If leachate recirculation is the primary management means, the facility shall perform at
a minimum an annual Toxicity Characteristic Leaching Procedure analysis of the
recirculated leachate. Leachate exhibiting hazardous characteristics as defined by
Regulation 23, Hazardous Waste Management, when not recirculated as described in
(k) (3) above and Reg. 22.420, shall be managed and disposed of as a hazardous waste
in accordance with Regulation 23.
The requirements of this section are considered minimum requirements only. Special cases not
addressed by this section may be considered by the Department on a case by case basis and the
Department reserves the right to request additional testing if necessary to protect human health and
the environment.
Reg.22.430- Earthwork Balance
(a)
Quantity Summaries - The narrative shall include a tabulation of excavation and material quantities
required to construct the facility as designed. The tabulation descriptions shall correlate with plan
cross sections (e.g. clay liner, barrier layer, etc.) and list all off-site borrow areas necessary to
provide an adequate quantity and quality of the various materials. The purpose of the tabulation
shall be to demonstrate that the site contains sufficient quantities and types of material to construct
the facility or where deficiencies or shortfalls will be obtained. This section sets forth the minimum
information to be provided.
(b)
Tabulated Items - Excavation quantities along with the anticipated amounts that will be suitable for
clay liner and final cover construction shall be provided along with the amount of material available
for daily and intermediate cover. Also included shall be the quantities required for clay liner and
final cover construction, along with gross and net airspace figures and an estimation of the amounts
of daily and intermediate cover material that will be required.
(c)
Material Stockpiling - In the event that the phasing of operations will require long-term (generally
greater than one year) stockpiling of materials, this shall be discussed fully in the operations
narrative and the plans shall designate material stockpiling locations. Best Management Practices in
accordance with Reg.22.411(h) shall be implemented at all stockpile locations and general
procedures for the temporary stockpiling of soil required by routine operations shall be discussed in
the operating narrative.
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(d)
Deficiencies - In the event that the amount of excavated material does not yield sufficient quantities
of any material types, the narrative shall describe the deficiency and where the additional material
will be obtained.
(e)
Borrow Areas - In the event that the facility proposes to obtain "borrow" material from a designated
source outside of the disposal area for liner or cover construction, daily operations, or any other use,
the narrative shall include a description of the methods that will be used to control erosion at the
borrow area. Best Management Practices as described in Reg.22.411(h) shall be implemented on an
on-going basis at borrow areas.
(f)
Borrow Areas Reclamation - All borrow areas owned or leased by the owner or operator shall be
reclaimed in accordance with Regulation 15 of the Commission and the requirements of this
paragraph. Final reclamation may include, but may not be limited to elimination of vertical or near
vertical cut banks (high walls), construction of final side slopes to three horizontal to one vertical
(3:1) or flatter, grading the site to properly drain, and establishing permanent vegetation cover to
fully stabilize the site. The Director may approve alternative borrow reclamation plans depending
upon site topography, soil types and conditions, site geology, and the intended land use of the site
following reclamation.
Reg.22.431- Landfill Configuration
(a)
Applicability - This section applies to the design and operation of all landfills.
(b)
Slopes - Finished grades of the landfill cap shall be selected to minimize standing water and
erosion. The design shall at a minimum consider the potential ultimate settlement of the waste
mass, the erodibility of the soil cover, and the slope stability. Slopes shall not be less than 4% or
more than 25%. For sites having greater natural slopes, a 33% slope may be considered if
terracing is incorporated into the design.
(c)
Ground water - A minimum of five feet of separation shall be maintained between the top of the
landfill liner system and the seasonally high ground water elevation unless approval is obtained
from the Director for a landfill that is designed to maintain a positive inward ground water flow
gradient.
(d)
Bedrock - A minimum of two feet of separation shall be maintained between bedrock and the top
of the landfill liner system including the liner thickness.
Reg.22.432- Other Requirements
Chapter References - Applicants, permittees, owners or operators shall also refer to applicable provisions of
Chapter 11 Geotechnical and Hydrogeological Investigations, Chapter 12 Ground Water Monitoring and
corrective action, Chapter 13 Closure and Post-Closure Care, and Chapter 14 Financial Assurance Criteria,
for additional requirements.
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Chapter 5 Class 3 Landfills
Reg.22.501- Location Restrictions
(a)
Responsibility of Applicant - Applicants for a permit for a solid waste disposal, collection and
processing facilities shall be responsible for selection of the proposed site subject to the provisions
of this Reg.22.502 through Reg.22.509.
Reg.22.502- Airport Safety
(a)
Putrescible Waste Facilities - This section applies only to Class 3 landfills that dispose of or
propose to dispose of putrescible wastes. A facility or practice disposing of putrescible wastes that
may attract birds and which occurs within 10,000 feet (3,048 meters) of any airport runway end
used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used by
only piston-type aircraft shall be designed and operated in a manner that will not pose a bird
hazard to aircraft.
(b)
Demonstration for New and Expanded Landfills - Applicants for new landfills and expansions to
the area permitted for waste disposal that are located within the distances specified in paragraph (a)
must demonstrate to the Department that the units are designed and will be operated such that the
landfill will not pose a bird hazard to aircraft.
(c)
FAA Notification - Owners or operators proposing to site new landfills and expansions to the area
permitted for waste disposal that dispose of putrescible wastes located within a five-mile radius of
any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and
the Federal Aviation Administration (FAA) and furnish proof of notification.
(d)
Operating Requirements for All Facilities - Owners or operators of all solid waste disposal and
processing facilities and practices located within the distances specified in paragraph (a) above
shall be operated in a manner that does not pose a bird hazard to aircraft.
Reg.22.503- Floodplains
(a)
Applicability - Solid waste facilities shall be designed and operated in manner that will not restrict
the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result
in washout of solid waste so as to pose a hazard to human health and the environment.
(b)
Demonstration Requirements - Applicants for new solid waste landfills and expansions to the area
permitted for solid waste disposal shall demonstrate to the Department that the facility is in
compliance with the criteria of paragraph (a).
Reg.22.504- Wetlands
(a)
Applicability - New Class 3 landfills, expansions to the area permitted for waste disposal, and
portions of the permitted area which have not been constructed, shall not be located in wetlands
unless the owner or operator can make the demonstration in Reg. 22.404 to the Director.
Reg.22.505- Fault Areas
(a)
Applicability - New Class 3 landfills and expansions to the area permitted for waste disposal shall
not be located within two hundred (200) feet (60 meters) of a fault that has had displacement in
Holocene time unless the owner or operator demonstrates to the Director that an alternative
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setback distance of less than two hundred (200) feet (60 meters) will prevent damage to the
structural integrity of the unit and will be protective of human health and the environment.
Reg.22.506- Seismic Impact Zones
(a)
Applicability - New Class 3 landfills and expansions to the area permitted for waste disposal shall
not be located in seismic impact zones, unless the owner or operator demonstrates to the Director
that all containment structures, including liners, leachate collection systems, and surface water
control systems, are designed to resist the maximum horizontal acceleration in lithified earth
material for the site.
Reg.22.507- Unstable Areas
(a)
Applicability - Owners or operators of new Class 3 landfills and expansions of the area permitted
for waste disposal must demonstrate that engineering measures have been incorporated into the
unit's design to ensure that the integrity of the structural components of the unit will not be
disrupted. The owner or operator must consider the following factors, at a minimum, when
determining whether an area is unstable:
(1)
On-site or local soil conditions that may result in significant differential settling;
(2)
On-site or local geologic or geomorphologic features; and
(3)
On-site or local human-made features or events (both surface and subsurface).
Reg.22.508- Separation Distances And Buffer Zones
(a)
New Facilities and Expansions - Applicants for new Class 3 landfills and expansions to the
permitted area shall comply with the following minimum separation distances and buffer zones as
measured from the proposed active portion of the landfill:
(1)
Five hundred (500) feet of an existing well or water intake used as a drinking water
source as determined at the earliest date the notification or application is made to local
or regional authorities as required by Reg.22.201, Reg.22.202 or Reg.22.203 as
applicable;
(2)
Three hundred (300) feet of an existing dwelling, unless owned by the applicant, as
determined at the earliest date the notification or application is made to local or
regional authorities as required by Reg.22.201, Reg.22.202 or Reg.22.203 as
applicable; and within
(3)
One hundred (100) feet of the property boundary.
(b)
Existing Landfills - Existing landfill areas that were designed and permitted by the Department
prior to May 7, 1995 for waste disposal are exempt from the requirements of paragraph (a) above.
Expansions to the permitted area and the design of new landfill units after May 7, 1995 shall
conform with buffer zone width requirements.
(c)
Construction in the Buffer Zone - No permanent construction of any kind shall occur in the buffer
zone other than fencing, access roadways and monitoring well construction. Landscaping for
esthetics is encouraged in the buffer zone and may be required by the Department for individual
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sites. Where appropriate landscaping for esthetics is undertaken, pay stations, administration
buildings, parking, run-on and run-off control systems and other facilities may be permitted in the
buffer zone area.
(d)
Proximity to Highways - Except as otherwise may be provided under regulations promulgated by
the State of Arkansas Highway and Transportation Commission, landfills shall not be established,
operated, or maintained within one thousand (1,000) feet of the nearest edge of the right-of-way of
any interstate, primary or other state highway designated by the Highway and Transportation
Commission unless the landfill is screened by natural objects, plantings, fences, or other
appropriate means so as not to be visible from the main-traveled way of the highway.
(e)
Local Zoning - Nothing contained herein shall be construed to limit or interfere with local zoning
requirements and ordinances pertaining to the operation of solid waste facilities or regional solid
waste management district rules. The criteria set forth in this section is intended solely as
minimum criteria for facilities located on lands where land use is not regulated by local authorities.
Requirements herein do not relieve the applicant from complying with any more restrictive or
comprehensive local or regional zoning rules or requirements.
Reg.22.509- Endangered Species
(a)
Applicability - This section applies to existing landfills, new landfills, and expansions to permitted
facilities.
(b)
Species Threat - Solid waste facilities and practices shall not cause or contribute to the taking of
any endangered or threatened species of plants, fish, or wildlife.
(c)
Habitat Threat - The facility or practice shall not result in the destruction or adverse modification
of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17.
Reg.22.510- General Operating Requirements
(a)
Conformance with Permit Documents - All operations at the landfill shall be in accordance with
the requirements of this Chapter, the permit and the approved plans and operating plan and
narrative.
(b)
Operator Licensing Requirements - All operations shall be performed by licensed on-site operators
at all times who are certified in accordance with Regulation Number 27 of the Pollution Control
and Ecology Commission.
(c)
Working Face Size - Unloading shall be supervised and dumping shall be confined to the smallest
practical area. Multiple working faces shall not be allowed unless specifically approved in the
facility operating plan.
(d)
Waste Spreading and Compaction - As rapidly as solid waste is unloaded for disposal, it shall be
spread and compacted in accordance with the approved operating plan and covered in accordance
with the requirements of Reg.22.512.
(e)
Salvage Operations - A salvage operation may be approved by the Department under the following
conditions:
(1)
An area has been designated by the permittee for the recovery of salvageable material.
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(f)
(2)
The operations shall not interfere with or otherwise delay the activities of the work
face.
(3)
The recovery of salvageable material must be conducted in an orderly manner.
(4)
All salvaged materials shall be removed from the landfill site daily, or properly stored
so that they will not create a nuisance or unsightly appearance.
Prohibited Activities - The following activities shall be prohibited in conjunction with or upon the
site of the landfill:
(1)
Any scavenging of materials as defined herein;
(2)
Any feeding of farm or domestic animals;
(3)
Depositing waste in standing water; and
(4)
Open burning as defined herein.
(g)
Litter Control - Litter control provisions shall be maintained at all times. If daily or more frequent
cover does not control on and off site litter, other methods may be required, such as, but not
limited to, litter fences and litter crews.
(h)
Additional Surface Water Controls and Best Management Practices - In conjunction with and in
addition to the requirements of Reg.22.517, Reg.22.518, Reg.22.527, and Reg.22.530 the owner or
operator shall:
(i)
(1)
Contour the surface of the working portion of the landfill to minimize surface water
run-on or flow into or through the working face; and
(2)
Install, construct, repair and maintain controls to prevent off-site sediment
accumulation at all landfill, soil stockpile, and borrow site areas. Temporary and
permanent seeding, grading, diking, terracing, diversion ditches, silt fencing, silt traps,
vegetation filter strips, mulching, erosion control blankets and matting, gravel filter
berms, check dams, riprap, sediment ponds and other best management practices for
erosion and sediment control shall be provided as necessary. Best management
practices for the site shall be in accordance with any stormwater permit issued for the
site, shall be described in the operating narrative, and shall be included in the permit
plans as appropriate.
(3)
Final and interim slope stabilization must conform with Reg.22.427(f).
Final Cover Vegetation Maintenance - After permitted final grades have been attained and a final
cover system installed, a cover of suitable perennial vegetation shall be established to prevent
erosion of cover soils. The vegetative cover shall be mowed at least annually or as needed to
control the growth of undesirable annual weeds and woody vegetation, and to allow for inspection
of the integrity of the cover system.
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(j)
Equipment Requirements - The owner or operator shall have provisions for the routine
maintenance of equipment at the landfill. Adequate backup equipment shall be available within 24
hours in the event of breakdowns.
(k)
Communications and Emergency Response - The owner or operator shall have an adequate
telephone communication system in the event of fire or other emergency situations that may arise
at the landfill and a written emergency response plan shall be maintained at the site.
(l)
Employee Facilities - Except where the landfill is located at an industrial site where employee
facilities are readily available, the owner or operator shall have an on site building/office with a
potable water supply and sanitary facilities for site personnel.
(m)
Nuisance Avoidance - The owner or operator shall operate the landfill in a manner to avoid
creating a public nuisance or public health hazard. The Department may require any additional
information or action deemed necessary to assure an environmentally safe operation of the facility.
(n)
Maintenance of Cover Systems - The owner or operator shall be responsible for maintaining the
cover system integrity and shall promptly repair erosion, washout, tracking, or other defects that
result in exposed refuse in daily or intermediate cover or in the exposure of the infiltration barrier
layer of the final cover system. Areas of leachate seepage, or areas exhibiting evidence of leachate
seepage such as staining and discoloration of the cover system shall also be promptly repaired.
(o)
Wet Weather Repairs - Due care shall be exercised in performing repairs during wet weather
conditions to prevent the creation of additional cover defects. Prompt temporary measures shall be
implemented in such cases until permanent repairs and remedies can be implemented.
Reg.22.511- Procedures For Excluding The Receipt Of Hazardous And Unauthorized Waste
(a)
Program Requirements - Owners or operators shall implement a program at the facility for
detecting and preventing the disposal of regulated hazardous wastes and polychlorinated biphenyls
(PCB) wastes as defined in Regulation Number 23 and all additional unauthorized wastes.
(b)
(1)
Class 3 Commercial landfills shall comply with the requirements of Reg.22.412
pertaining to procedures for excluding the receipt of hazardous waste and other
unauthorized wastes for Class 1 landfills.
(2)
Class 3 Noncommercial landfills shall develop a program in accordance with the
requirements of this section. The program shall be submitted to the Department and
shall be placed in the operating record.
Contents of Class 3N Exclusion Plan - The Owner or operator of all Class 3 Noncommercial
landfills shall develop, implement, and maintain a written plan for hazardous and other
unauthorized waste exclusion to demonstrate compliance with this section. The plan shall include
at a minimum:
(1)
A description of the proposed monitoring program and responsibilities of facility
personnel that will ensure that incoming loads do not contain regulated hazardous
wastes, PCB wastes or additional unauthorized wastes;
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(c)
(2)
Methods to identify and screen potentially hazardous and additional unauthorized
wastes before it enters the landfill including if applicable, the review of procedures for
separating hazardous waste and other unauthorized waste from other wastes;
(3)
Random inspection procedures, documentation of inspections, and maintenance of
records or test results made to ensure compliance;
(4)
A contingency plan and description of remedial actions to be taken when hazardous or
unauthorized waste is identified in the Class 3 waste stream.
(5)
Notification of the Director if a regulated hazardous waste, PCB or other unauthorized
waste is discovered in the landfill.
Separation of Other Unauthorized Wastes - Class 3 landfills shall develop and follow Department
approved operating procedures to prevent the disposal of or provide for the separation of
unauthorized waste from the approved Class 3 waste stream. Suitable containers, vehicles, or
transfer capability shall be provided at the landfill site or the industrial facility for the proper
removal and disposal of unauthorized waste.
Reg.22.512- Cover Material Requirements
(a)
Daily Cover - The owners or operators of all Class 3 Landfills must cover disposed solid waste
with 6 (six) inches of earthen material at the end of each operating day, or at more frequent
intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging and to
limit the generation of leachate.
(b)
Intermediate Cover - A compacted layer of cover soil of sufficient quantity to ensure there is not
exposed waste, but not less than twelve (12) inches including the six (6) inches of daily cover
required under Reg.22.512(a), shall be applied upon surfaces that will not receive an additional
application of waste or final cover within thirty (30) days.
(c)
Alternative Cover Materials - Alternative cover materials of an alternative thickness (other than at
least six inches of earthen material) may be approved by the Director, either through individual
requests or through generalized Department approval upon demonstration that the alternative
material and thickness controls disease vectors, fires, odors, blowing litter, and scavenging without
presenting a threat to human health and the environment.
(d)
Alternative Cover Frequency - The Director may approve alternative frequencies for the
application cover materials, including the approval of a waiver of daily and intermediate cover
material requirements, if the owner or operator demonstrates that less frequent or no cover will
adequately meet the requirements of this section.
(e)
Temporary Waiver - The Director may grant a temporary waiver from the requirements of this
section if the owner or operator satisfactorily demonstrates that extreme conditions exist that make
meeting such requirements impractical. Failure of the operator to stockpile adequate cover
material shall not constitute justification for a waiver under this paragraph.
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Reg.22.513- Disease Vector Control
(a)
Applicability - Owners or operators of all permitted facilities must prevent or control on-site
populations of disease vectors using techniques appropriate for the protection of human health and
the environment.
Reg.22.514- Explosive Gases Control
(a)
Applicability - The concentration of explosive gases generated by the facility shall not exceed:
(1)
Twenty five (25) percent of the lower explosive limit (LEL) for the gases in facility
structures (excluding gas control or recovery system components); and
(2)
The lower explosive limit for the gases at the facility property boundary.
(b)
Class 3 Commercial Monitoring Program - Owners or operators of all Class 3 Commercial landfills
must implement a routine methane monitoring program to ensure that the standards of paragraph (a)
of this section are met. The program shall meet the requirements of Reg.22.415
(c)
Class 3 Noncommercial Monitoring Program - Owners or operators of all Class 3 Noncommercial
landfills shall not be required to implement a routine methane monitoring program unless the
Director determines that:
(1)
The nature and quantity of waste poses a significant potential for the generation of explosive
gases; or
(2)
Explosive gases have been detected in concentrations exceeding the standards identified in
paragraph (a).
The monitoring program, if required, shall meet the requirements of Reg.22.415.
Reg.22.515- Air Criteria
(a)
Applicability - Owners or operators of all permitted facilities must ensure that the units do not violate
any applicable requirements developed under a State Implementation Plan (SIP) approved or
promulgated by the Administrator pursuant to section 110 of the Clean Air Act, as amended.
(b)
Burning Prohibition - Open burning of solid waste, except for the infrequent burning of agricultural
wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency clean-up
operations and ordinance that may be allowed by the Arkansas Air Pollution Control Code, is
prohibited at all units.
(c)
Fire Safety - A facility or practice shall not pose a hazard to the safety of persons or property from
fires. This may be accomplished through compliance with this section and through the periodic
application of cover material or other techniques as appropriate.
Reg.22.516- Access Requirements
(a)
Applicability - Owners or operators of all permitted facilities must control public access and prevent
unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural
barriers, or both, as appropriate to protect human health and safety and the environment.
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(b)
Required Facilities - The site shall be adequately fenced with an entrance gate that can be locked or
demonstrate that other methods have been employed to prevent unauthorized access to the site.
Class 3 Commercial landfills shall provide a sign showing the name of the facility, permit number,
emergency telephone number, opening and closing hours and days of operation posted at the
entrance to the facility.
(c)
Access and Operational Roads - All weather operational roads shall be provided for vehicle
movement within the site. The roads shall be of such construction quality to allow easy access in all
weather conditions to all portions of the active disposal site and to other operational areas where all
weather access is necessary to achieve timely compliance with permit requirements.
(d)
Hours of Access - Access to the site shall be permitted only during the hours when operating
personnel are on the site.
Reg.22.517- Run-On/Run-Off Control Systems
(a)
Class 3 Commercial Requirements - Class 3 Commercial landfills shall design, construct and
maintain run-on and run-off control systems meeting the requirements of Reg. 22.418 for Class 1
landfills.
(b)
Class 3 NonCommercial Requirements - At a minimum, Class 3 Noncommercial landfills
shall design, construct, and maintain:
(1)
A run-on control system to prevent flow onto the active portion of the landfill or waste
processing area during the peak discharge from a 24-hour, 10-year storm;
(2)
A run-off control system from the active portion of the landfill or waste processing area to
collect and control at least the water volume resulting from a 24-hour, 10-year storm if
required by the Department to meet the requirements of Reg. 22.518.
(3)
Best management practices for pollution prevention shall be implemented at all sites to
control the release of sediment and waste from the site.
Reg.22.518- Surface Water Requirements
(a)
General Requirements - All Class 3 landfills shall not:
(1)
Cause a discharge of pollutants into waters of the United States, including wetlands, that
violates any requirements of the Clean Water Act, including, but not limited to, the National
Pollutant Discharge Elimination System (NPDES) requirements, pursuant to Section 402 of
the Clean Water Act;
(2)
Cause the discharge of a nonpoint source of pollution to waters of the United States,
including wetlands, that violates any requirement of an area-wide or State-wide water quality
management plan that has been approved under Section 208 or 319 of the Clean Water Act,
as amended;
(3)
Cause a discharge of dredged material or fill material to waters of the United States that is in
violation of the requirements under Section 404 of the Clean Water Act, as amended;
(4)
Deposit waste in standing water; and shall not
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(5)
(b)
Allow the discharge of leachate from the landfill unit unless the discharge is permitted under
the NPDES system.
Control Systems Required - Run-on and run-off control systems shall be constructed, operated and
maintained as necessary to meet the requirements of this section. Upon Department approval, run-on
and run-off control systems may be removed from service at such time as closure activities have
been completed, a permanent vegetation cover has been established, and there is no evidence of
leachate seepage or other point and nonpoint discharges from the landfill unit.
Reg.22.519- Liquids Restrictions
(a)
Applicability - Bulk or noncontainerized liquid waste may not be placed in landfills unless the waste
is leachate or gas condensate derived from the unit and the unit is designed with a composite liner
and leachate collection system.
(b)
Mixing and Bulking - Landfills shall not accept liquid waste for treatment unless the landfill has a
Department approved mixing or bulking area and is equipped to solidify, test and certify that liquid
wastes treated in the mixing or bulking area meet the requirements of this section for landfilling.
Mixing and bulking areas shall be separate from the working face unless otherwise approved by the
Department.
(c)
Air Drying - Air drying of wastes shall not be utilized where the practice causes or contributes to the
development of nuisance conditions including odors and vector attraction.
(d)
Free Liquids Determination - Treated liquid wastes must not exhibit free liquids as determined by the
paint filter test and the blended material must be capable of supporting cover soil and equipment
prior to disposal in the landfill.
Reg.22.520- Recordkeeping Requirements
(a)
General Requirements - The owner or operator must record and retain near the facility in an
operating record or in an alternative location approved by the Director the following information as
it becomes available:
(1)
Any required location restriction demonstrations for new units and expansions of the
permitted area;
(2)
Inspection records, training procedures, and notification procedures required in Reg.22.511
regarding hazardous waste exclusion. Records shall be maintained of the analytical results
from the analysis of potentially hazardous commercial, industrial and process wastes that are
accepted for disposal. In addition, written procedures for safely handling and disposing of
special materials and potentially hazardous substances shall be maintained at the site.
(3)
Explosive gas monitoring records if required in Reg.22.514 shall be maintained that identify
the test results, date of testing, test location, person performing the tests, local conditions that
may impact test results, and any measures taken to mitigate or remediate hazards from
explosive gases;
(4)
Leachate disposal records shall be maintained that document approval of the disposal method
and location, and the date and quantity of leachate disposed of or recirculated in the landfill
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unit. Leachate analytical data shall be maintained for leachate disposed of by methods other
than recirculation in the landfill unit.
(5)
Any demonstration, certification, finding monitoring, testing, or analytical data required by
Chapter 12;
(6)
Closure and post-closure care plans and any monitoring, testing, or analytical data as
required by Reg.22.1301 and Reg.22.1302;
(7)
Any cost estimates and financial assurance documentation required by Chapter 14;
(8)
Any quality assurance/quality control (QA/QC) documentation, certification, and test result
relating to the construction of the landfill liner and leachate collection system, ground water
monitoring system, and final cover system;
(9)
Records of any periodic inspections required by this Regulation or by permit conditions; and
(10)
Any other records required by Regulation 22 such as but not limited to Annual Engineering
Inspection Reports.
(b)
Availability of Records - All information contained in the operating record must be furnished upon
request to the Department or be made available at all reasonable times for inspection by the
Department.
(c)
Waste Receipt Records - All Class 3 owners or operators shall provide an adequate means of
recording the weight of waste that is received by the facility. Class 3 Commercial landfill must have
a "ticket" system or approved alternative that meets the requirements of Reg.22.421. Class 3
Commercial landfills must install and operate scales in accordance with Reg.22.421(j).
(d)
Record Retention Period - The records required under this section shall be maintained by the owner
or operator until destruction of the records is authorized by the Director following the completion of
the post closure monitoring period.
Reg.22.521- Operating Plan And Narrative
(a)
Applicability - Each permitted facility shall develop and implement an operating plan and narrative.
The purpose of the operating plan and narrative shall be to develop and present site specific methods
and procedures by which the facility will maintain and document compliance. The operating plan
and narrative shall address the requirements of this regulation and any other regulations applicable to
the operation and construction of the facility.
(b)
Submission Date - The operating plan and narrative shall be submitted to and approved by the
Department as either a part of the permit application process (Reg.22.303), permit modification
process (Reg.22.308) or permit renewal process (Reg..22.309).
(c)
Updates - Each facility shall update the plan and narrative as required to reflect current operations
and regulations. Revisions to the document shall be submitted to the Department which reserves the
right to require that the changes be accomplished through a permit modification prior to
implementation.
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Reg.22.522- Annual Engineering Inspection Reports
(a)
Annual Inspection - A professional engineer registered in the State of Arkansas shall inspect each
permitted Class 3 facility and prepare a report addressing operational compliance with permit
conditions, permit plans and specifications, the operating narrative and all applicable regulations.
The Annual Engineering Inspection Report shall address the 12-month period from January
through December and shall be submitted to ADEQ by June 30 of the following year. The Annual
Engineering Inspection Report shall contain at a minimum:
(1)
The volumetric capacity remaining in the current landfill cell or area and the projected
date for opening new cells or areas;
(2)
The estimated remaining volumetric capacity of all permitted Class 3 landfill units, the
landfill capacity (total air space) utilized during the past one year period, and the
estimated remaining site life (in years) based upon the utilization rate during the
previous one (1) year period.
(3)
Documentation of compliance of facility fill progression with the approved permit
plans, specifications and operating plan and narrative;
(4)
Documentation of compliance with the operating requirements of this regulation,
permit conditions, and the approved operating plan;
(5)
An up to date contour map that depicts with reasonable accuracy:
(i)
The horizontal and vertical extent of the active and inactive fill areas;
(ii)
The status of each permitted landfill unit or cell (future unit, active unit, inactive,
under construction, under interim cover, undergoing closure, closed, post-closure,
etc.);
(iii)
The survey grid system required by Reg.22.426;
(iv)
The location of any other visible surface features or improvements such as roads,
fences, buildings, gas control systems, surface water control systems, etcetera; and
(v)
The person responsible for gathering survey data and the date(s) that survey data
was taken to prepare the map. For purposes of annual reports, survey data may be
collected by any person familiar with survey techniques, however, a professional
engineer or land surveyor, registered in the State of Arkansas, shall perform the
initial survey of new units required under Reg.22.428(h) and final survey of closed
units required under Reg.22.1301(i).
(6)
Quantity, location and characteristics of leachate collected, recirculated and disposed;
(7)
Maintenance of stormwater controls and other best management practices for erosion
control;
(8)
Status of remedial or corrective actions taken;
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(9)
Revised or updated facility Closure Plan and the Post-Closure Care Plan in accordance
with the requirements contained in Chapter 13 Closure and Post-Closure Care of these
regulations.
(10)
Updated Financial Assurance documentation as required in Chapter 14 Financial
Assurance Criteria of these regulations; and
(11)
Any other items impacting compliance at the landfill.
Reg.22.523- Ground Water Standards For Solid Waste Facilities And Practices
(a)
Applicability - A facility or practice shall not contaminate an underground drinking water source
beyond the solid waste boundary or beyond an alternative boundary specified in accordance with
paragraph (b) of this section.
(b)
(c)
Compliance Boundary - Owner or operators may demonstrate that compliance should be determined
at an alternative boundary in lieu of the solid waste boundary. The Department may establish such
an alternative boundary only if it finds that such a change would not result in contamination of
ground water which may be needed or used for human consumption. This finding shall be based on
analysis and consideration of all of the following factors that are relevant:
(1)
The hydrogeological characteristics of the facility and surrounding land, including any
natural attenuation and dilution characteristics of the aquifer;
(2)
The volume and physical and chemical characteristics of the leachate;
(3)
The quantity, quality, and direction of flow of ground water underlying the facility;
(4)
The proximity and withdrawal rates of ground-water users;
(5)
The availability of alternative drinking water supplies;
(6)
The existing quality of the ground water, including other sources of contamination and their
cumulative impacts on the ground water;
(7)
Public health, safety, and welfare effects.
Definitions - As used in this section "Contaminate" means to introduce a substance that would cause:
(1)
The concentration of that substance in the ground water to exceed its maximum contaminant
level (MCL) specified in Appendix 3; or
(2)
An increase in the concentration of that substance in the ground water where the existing
concentration of that substance exceeds the MCL specified in Appendix 3.
Reg.22.524- Minimum Design Criteria
(a)
Applicability - Unless provided otherwise, the requirements of this section as well as Reg. 22.525,
Reg.22.528, Reg.22.529, Reg.22.530, Reg.22.531 and Reg.22.532 shall apply only to newly
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permitted facilities, increases in the permitted capacity or disposal area, or permit renewals as
specified in Reg.22.309.
(b)
Consideration of Waste Characteristics - Landfills shall be subject to design and operational
requirements dependent on the volume and physical, chemical and biological nature of the wastes.
Design requirements shall also be dependent upon the geotechnical and hydrogeological
characteristics of the site and surrounding locale. The design proposed by the applicant in
conformance with the criteria set forth herein shall be supported by complete hydrogeological and
waste characterization data.
(c)
Ground Water Monitoring Required - In accordance with Reg.22.523, a facility or practice shall be
designed to prevent the contamination of an underground drinking water beyond the solid waste
boundary or beyond an alternative boundary specified in accordance with paragraph (b) of Reg.
22.523. Except as provided in Reg. 22.524(f)(3) and 22.621(e), ground water monitoring shall be
required to confirm that ground water standards contained in Appendix 3 or as otherwise established
under Chapter 12 are achieved.
(d)
Site Characteristics - The site and waste characterization requirements of Chapter 11 shall be met for
all new units and expansions of the permitted disposal area.
(e)
Liner Design Criteria for Class 3 Commercial Landfills - New Class 3 Commercial landfills and
expansions to the area permitted for waste disposal shall meet the design requirements set forth in
Reg.22.424 through Reg.22.432.
(f)
Liner Design Criteria for Class 3 NonCommercial Landfills - At a minimum, new Class 3
Noncommercial landfills and expansions of the permitted fill area shall be constructed:
(1)
With a compacted clay liner of at least a two-foot thickness with a hydraulic conductivity of
no more than 1 x 10-7 cm/sec and a leachate collection system that is designed and
constructed to maintain less than a 30-cm depth of leachate over the liner; or
(2)
In accordance with a design approved by the Director. The design must ensure that the
concentration values specified in Appendix 3 will not be exceeded in the uppermost aquifer
at the relevant point of compliance, as specified by the Director under Reg.22.523.
(3)
Class 3 applicants proposing to fill only Class 4 type wastes as defined in this regulation may
design and operate to the standards set forth in Chapter 6.
Reg.22.525- Class 3 Commercial Landfills In Boone And St. Joe Formations
(a)
Applicability - New Class 3 Commercial landfills and expansions to the area permitted for waste
disposal shall be designed and constructed to the standards set forth in Reg.22.425 for landfills
located in the outcrop area of the Boone and St. Joe formations.
Reg.22.526- Survey Control
(a)
Survey Control - A survey control system shall be established and maintained at each landfill in
accordance with Reg. 22.426.
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Reg.22.527- Surface Water Control
(a)
Applicability - In addition to the requirements of Reg.22.517 and Reg.22.518 each landfill shall
design and implement a system to control surface water at the facility in a accordance with the
minimum standards set forth in Reg.22.517 and Reg.22.518, except that existing facilities must not
comply with Reg.22.427(b) and (c) unless the current design includes a sedimentation pond.
Reg.22.528- Liner And Final Cover Design And Construction
(a)
Quality Assurance Plan - Written quality assurance plans shall conform to the requirements of Reg.
22.428.
Reg.22.529- Leachate Collection System Design And Construction
(a)
Applicability - The design and construction of leachate collection systems shall conform to the
requirements of Reg.22.429.
Reg.22.530- Earthwork Balance
(a)
Applicability - Applicants for new landfills and expansions to the permitted area shall provide an
earthwork balance in accordance with the requirements of Reg.22.430.
Reg.22.531- Landfill Configuration
(a)
Applicability - Applicants for new landfills and expansions to the permitted area shall comply with
the landfill configuration requirements of Reg. 22.431.
Reg.22.532- Class 3 Monofills
(a)
Design Standards - Class 3 monofills shall be designed and constructed to the standards for Class 3
Non-commercial landfills set forth in Reg.22.501et seq.
(b)
Compliance with Regulation Number 14 - Waste tire handling, processing, recycling and disposal
facilities shall additionally meet the requirements of Regulation Number 14, Waste Tire Program of
the Pollution Control and Ecology Commission.
Reg.22.533- Other Requirements
(a)
Applicants, permittees, owners and operators shall also refer to applicable provisions of Chapter 11,
Geotechnical Investigations, Chapter12, Ground Water Monitoring and Corrective Action, Chapter
13, Closure and Post Closure Care, and Chapter 14, Financial Assurance Criteria, for additional
requirements.
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Chapter 6 Class 4 Landfills
Reg.22.601- Location Restrictions
(a)
Applicability - Applicants for a permit for a solid waste disposal, collection and processing facilities
shall be responsible for selection of the proposed site subject to the provisions of this Reg. 22.602
through Reg.22.606. Solid waste disposal facilities or practices which violate any of the following
criteria pose a reasonable probability of adverse effects on health or the environment.
Reg.22.602- Floodplains
(a)
Floodplains - Solid waste facilities and practices shall be designed and operated in manner that will
not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain,
or result in washout of solid waste so as to pose a hazard to human health and the environment.
(b)
Demonstration Requirements - Applicants for new solid waste landfills and expansions to the area
permitted for solid waste disposal shall demonstrate to the Department that the facility is in
compliance with the criteria of paragraph (a).
Reg.22.603- Wetlands
(a)
Demonstration Required - New Class 4 landfills and expansions to the area permitted for waste
disposal shall not be located in wetlands, unless the owner or operator can make the demonstration in
Reg. 22.404 to the Director.
Reg.22.604- Unstable Areas
(a)
Applicability - Owners or operators of new Class 4 Landfills and expansions of the area permitted
for waste disposal must demonstrate that engineering measures have been incorporated into the unit's
design to ensure that the integrity of the structural components of the unit will not be disrupted. The
owner or operator must consider the following factors, at a minimum, when determining whether an
area is unstable:
(1)
On-site or local soil conditions that may result in significant differential settling;
(2)
On-site or local geologic or geomorphologic features; and
(3)
On-site or local human-made features or events (both surface and subsurface).
Reg.22.605- Separation Distances And Buffer Zones
(a)
New Facilities and Expansions - Applicants for new Class 4 landfills and expansions to the
permitted area shall comply with the following minimum separation distances and buffer zones as
measured from the proposed active portion of the landfill:
(1)
Five hundred (500) feet of an existing well or water intake used as a drinking water
source as determined at the earliest date the notification or application is made to local
or regional authorities as required by Reg.22.201, Reg.22.202, or Reg.22.203 as
applicable;
(2)
Three hundred (300) feet of an existing dwelling, unless owned by the applicant, as
determined at the earliest date the notification or application is made to local or
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regional authorities as required by Reg.22.201, Reg.22.202, or Reg.22.203 as
applicable and within
(3)
One hundred (100) feet of the property boundary.
(b)
Existing Landfills - Existing landfill areas that were designed and permitted by the Department
prior to May 7, 1995 for waste disposal are exempt from the requirements of paragraph (a) above.
Expansions to the permitted area and the design of new landfill units after May 7, 1995 shall
conform with buffer zone width requirements.
(c)
Construction in the Buffer Zone - No permanent construction of any kind shall occur in the buffer
zone other than fencing, access roadways, monitoring well construction, and surface water control
systems. Landscaping for esthetics is encouraged in the buffer zone and may be required by the
Department for individual sites. Where appropriate landscaping for esthetics is undertaken, pay
stations, administration buildings, parking, run-on and run-off control systems and other facilities
may be permitted in the buffer zone area.
(d)
Proximity to Highways - Except as otherwise may be provided under regulations promulgated by
the State of Arkansas Highway and Transportation Commission, landfills shall not be established,
operated, or maintained within 1000 feet of the nearest edge of the right-of-way of any interstate,
primary or other state highway designated by the Highway and Transportation Commission unless
the landfill is screened by natural objects, plantings, fences, or other appropriate means so as not to
be visible from the main-traveled way of the highway.
(e)
Local Zoning - Nothing contained herein shall be construed to limit or interfere with local zoning
requirements and ordinances pertaining to the operation of solid waste facilities or regional solid
waste management district rules. The criteria set forth in this section is intended solely as
minimum criteria for facilities located on lands where land use is not regulated by local authorities.
Requirements herein do not relieve the applicant from complying with any more restrictive or
comprehensive local or regional zoning requirements.
Reg.22.606- Endangered Species
(a)
Prohibition Against Taking - Solid waste facilities and practices shall not cause or contribute to the
taking of any endangered or threatened species of plants, fish, or wildlife.
(b)
Destruction of Habitat - The facility or practice shall not result in the destruction or adverse
modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part
17.
Reg.22.607- General Operating Requirements
(a)
Conformance with Permit Documents - All operations at the landfill shall be in accordance with the
permit, approved plans and operating plan and narrative and all other applicable regulations.
(b)
Operator Licensing - All operations shall be performed by licensed on-site operators at all times who
are certified in accordance with Regulation Number 27 of the Pollution Control and Ecology
Commission.
(c)
Working Face Size - Dumping shall be confined to the smallest practical area. Multiple working
faces shall not be allowed unless specifically approved in the facility operating plan.
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(d)
Waste Spreading and Compacting - As rapidly as solid waste is unloaded for disposal it shall be
spread and compacted in the smallest practical area and covered in accordance with the requirements
of Reg.22.609.
(e)
Salvage Operations - Salvage operations shall not be permitted at the operating face of the fill. A
salvage operation may be approved by the Department under the following conditions:
(f)
(1)
An area has been designated by the permittee for the recovery of salvageable material.
(2)
The operations shall not interfere with or otherwise delay the activities of the work face.
(3)
The recovery of salvageable material must be conducted in an orderly manner.
(4)
All salvaged materials shall be removed from the landfill site daily, or properly stored so that
they will not create a nuisance or unsightly appearance.
Prohibited Activities - The following activities shall be prohibited in conjunction with or upon the
site of the landfill:
(1)
Any scavenging of materials as defined herein;
(2)
Any feeding of farm or domestic animals;
(3)
Depositing waste in standing water; and
(4)
Open burning as defined herein.
(g)
Litter Control - If weekly cover does not control on and off site litter, other methods may be
required, such as, but not limited to, litter fences and litter crews and the application of more frequent
cover.
(h)
Additional Surface Water Controls and Best Management Practices - In conjunction with and in
addition to the requirements of Reg.22.614 and Reg..22.615, the owner or operator shall:
(1)
Contour the surface of the working portion of the landfill to minimize surface water run-on
or flow into or through the working face; and
(2)
Install, construct, repair and maintain controls to prevent off-site sediment accumulation at
all landfill, soil stockpile, and borrow site areas. Temporary and permanent seeding,
grading, diking, terracing, diversion ditches, silt fencing, silt traps, vegetation filter strips,
mulching, erosion control blankets and matting, gravel filter berms, check dams, riprap,
sediment ponds and other best management practices for erosion and sediment control shall
be provided as necessary. Best management practices for the site shall be in accordance with
any stormwater permit issued for the site, shall be described in the operating narrative, and
shall be included in the permit plans as appropriate.
(3)
(i)
Final and interim slope stabilization must conform with Reg.22.427(f).
Final Cover Vegetation and Maintenance - Immediately after permitted final grades have been
attained and a final cover system installed, a cover of suitable perennial vegetation shall be
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established to prevent erosion of cover soils. The vegetative cover shall be mowed at least annually
or as needed to control the growth of undesirable annual weeds and woody vegetation, and to allow
for inspection of the integrity of the cover system.
(j)
Equipment Requirements - The owner or operator shall have provisions for the routine maintenance
of equipment at the landfill. Adequate backup equipment shall be available within 24 hours in the
event of breakdowns.
(k)
Communications and Emergency Response - The owner or operator shall have an adequate telephone
communication system in the event of fire or other emergency situations that may arise at the landfill
and a written emergency response plan shall be maintained at the site.
(l)
Employee Facilities - The owner or operator shall have an on site building/office with a potable
water supply and sanitary facilities for site personnel.
(m)
Operation to Prevent Bird Hazard - Owners or operators of all solid waste disposal and processing
facilities and practices located within 10,000 feet (3,048 meters) of any airport runway end used by
turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used by only pistontype aircraft shall be operated in a manner that does not pose a bird hazard to aircraft.
(n)
Nuisance Avoidance - The owner or operator shall operate the landfill in a manner to avoid creating
a public nuisance or public health hazard. The Department may require any additional information
or action deemed necessary to assure an environmentally safe operation of the facility.
(o)
Cover Maintenance - The owner or operator shall be responsible for maintaining the cover system
integrity and shall promptly repair erosion, washout, tracking, or other defects that result in exposed
or flagging refuse in either daily, intermediate, or final cover. Areas of leachate seepage, or areas
exhibiting evidence of leachate seepage such as staining and discoloration of the cover system shall
also be promptly repaired.
(p)
Wet Weather Repairs - Due care shall be exercised in performing repairs during wet weather
conditions to prevent the creation of additional cover defects. Prompt temporary measures shall be
implemented in such cases until permanent repairs and remedies can be implemented.
Reg.22.608- Procedures For Excluding The Receipt Of Hazardous And Unauthorized Waste
(a)
Applicability - Owners or operators shall perform periodic inspections of incoming loads and shall
notify the Director of the delivery or attempted delivery of known or suspected regulated hazardous
wastes and polychlorinated biphenyls (PCB) wastes as defined in Regulation Number 23.
(b)
Separation of Unauthorized Wastes - Class 4 landfills shall develop and follow Department approved
operating procedures to prevent the disposal of or provide for the separation of unauthorized waste
from the approved Class 4 waste stream. Suitable containers, vehicles, or transfer capability shall be
provided at the landfill site for the removal and disposal of unauthorized waste to a Class 1 landfill or
other approved facility.
Reg.22.609- Cover Material Requirements
(a)
Applicability and Frequency of Cover - The owners or operators of all Class 4 Landfills must cover
disposed solid waste with six inches of earthen material at least weekly or at more frequent intervals
if necessary, to control disease vectors, fires, odors, blowing litter, scavenging and to limit the
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generation of leachate. Daily spreading and compaction of the waste shall be performed to minimize
void space and reduce the potential for disease vectors and fires.
(b)
Cover Thickness - A compacted layer of cover soil not less than twelve (12) inches, sufficient to
ensure there is not exposed waste including the six (6) inches of daily cover required under
Reg.22.609(a) shall be applied upon surfaces that will not receive an additional application of waste
of final cover within 180 days.
(c)
Temporary Waiver - The Director may grant a temporary waiver from the requirement of paragraph
(a) and (b) of this section if the owner or operator satisfactorily demonstrates that extreme conditions
exist that make meeting such requirements impractical. Failure of the operator to stockpile adequate
cover material shall not constitute justification for a waiver under this section.
Reg.22.610- Disease Vector Control
(a)
Applicability - Owners or operators of all permitted facilities must prevent or control on-site
populations of disease vectors using techniques appropriate for the protection of human health and
the environment.
Reg.22.611- Explosive Gases Control
(a)
Standards - The concentration of explosive gases generated by the facility shall not exceed:
(b)
(1)
Twentyfive (25) percent of the lower explosive limit (LEL) for the gases in facility structures
(excluding gas control or recovery system components); and
(2)
The lower explosive limit for the gases at the facility property boundary.
Applicability - Owners or operators of Class 4 landfills shall not be required to implement a routine
methane monitoring program unless the Director determines that:
(1)
The nature and quantity of waste poses a significant potential for the generation of explosive
gases; or
(2)
Explosive gases have been detected in concentrations exceeding the standards identified in
paragraph (a).
The monitoring program, if required, shall meet the requirements of Reg.22.415.
Reg.22.612- Air Criteria
(a)
Applicability - Owners or operators of all permitted facilities must ensure that the units do not violate
any applicable requirements developed under a State Implementation Plan (SIP) approved or
promulgated by the Administrator pursuant to section 110 of the Clean Air Act, as amended.
(b)
Burning Prohibition - Open burning of solid waste, except for the infrequent burning of agricultural
wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency clean-up
operations and ordnance that may be allowed by the Arkansas Air Pollution Control Code, is
prohibited at all units.
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(c)
Fire Safety - A facility or practice shall not pose a hazard to the safety of persons or property from
fires. This may be accomplished through compliance with this section and through the periodic
application of cover material or other techniques as appropriate.
Reg.22.613- Access Requirements
(a)
Applicability - Owners or operators of all permitted facilities must control public access and prevent
unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural
barriers, or both, as appropriate to protect human health and safety and the environment.
(b)
Access Control and Signage - The site shall be adequately fenced with an entrance gate that can be
locked. Class 4 landfills shall provide a sign showing the name of the facility, permit number,
emergency telephone number, opening and closing hours and days of operation posted at the
entrance to the facility.
(c)
Access and Operational Roads - All weather operational roads shall be provided for vehicle
movement within the site. The roads shall be of such construction quality to allow easy access in all
weather conditions to all portions of the active disposal site and to other operational areas where all
weather access is necessary to achieve timely compliance with permit requirements.
(d)
Hours of Access - Access to the site shall be permitted only during the hours when operating
personnel are on the site.
Reg.22.614- Run-On/Run-Off Control Systems
(a)
General Requirements - At a minimum, Class 4 landfills shall design, construct, and maintain:
(1)
A run-on control system to prevent flow onto the active portion of the landfill or waste
processing area during the peak discharge from a 24-hour, 10-year storm;
(2)
A run-off control system from the active portion of the landfill or waste processing area to
collect and control at least the water volume resulting from a 24-hour, 10-year storm if
required by the Department to meet the requirements of Reg.22.615.
(3)
Best management practices for pollution prevention shall be implemented at each site to
control the release of sediment and waste from the site.
Reg.22.615- Surface Water Requirements
(a)
General Requirements - All Class 4 landfills shall not:
(1)
Cause a discharge of pollutants into waters of the United States, including wetlands, that
violates any requirements of the Clean Water Act, including, but not limited to, the National
Pollutant Discharge Elimination System (NPDES) requirements, pursuant to Section 402 of
the Clean Water Act;
(2)
Cause the discharge of a nonpoint source of pollution to waters of the United States,
including wetlands, that violates any requirement of an area-wide or State-wide water quality
management plan that has been approved under Section 208 or 319 of the Clean Water Act,
as amended;
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(b)
(3)
Cause a discharge of dredged material or fill material to waters of the United States that is in
violation of the requirements under Section 404 of the Clean Water Act, as amended;
(4)
Deposit waste in standing water or within five feet of the ground water table unless leachate
collection systems are provided and operated; and shall not
(5)
Allow the discharge of leachate from the landfill unit unless the discharge is permitted under
the NPDES system.
Control Systems Required - Run-on and run-off control systems shall be constructed, operated and
maintained as necessary to meet the requirements of this section. Upon Department approval, run-on
and run-off control systems may be removed from service at such time as closure activities have
been completed, a permanent vegetation cover has been established, and there is no evidence of
leachate seepage or other point and nonpoint discharges from the landfill unit.
Reg.22.616- Liquids Restrictions
(a)
Containers Prohibited - Bulk or noncontainerized liquid waste and containers containing liquid waste
shall not be placed in a Class 4 landfill.
(b)
Treatment of Liquid Wastes Prohibited - Class 4 landfills shall not accept liquid waste for treatment
or liquid wastes that have been treated at another location.
(c)
Disposal of Waste Containing Free Liquids Prohibited - Wastes accepted for disposal must not
exhibit free liquids as determined by the paint filter test.
Reg.22.617- Recordkeeping Requirements
(a)
Requirements - The owner or operator must record and retain at the facility in an operating record
or in an alternative location approved by the Director the following information as it becomes
available:
(1)
Any required location restriction demonstrations for new units and expansions of the
permitted area;
(2)
Closure and post-closure care plans and any monitoring, testing, or analytical data as
required by Chapter 13;
(3)
Any cost estimates and financial assurance documentation required by Chapter 14;
(4)
Any quality assurance/quality control (QA/QC) documentation, certification, and test
result relating to the construction of the landfill liner, ground water monitoring system
if applicable, and final cover system;
(5)
Records of any periodic inspections required by this Regulation or by permit
conditions; and
(6)
Any other records required by Regulation 22.
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(b)
Access to Records - All information contained in the operating record must be furnished upon
request to the Department or be made available at all reasonable times for inspection by the
Department.
(c)
Waste Receipt Records - All Class 4 owner or operators shall provide an adequate means of
recording the amount of waste that is received by the facility. The landfill must have a "ticket"
system or approved alternative that meets the requirements of Reg.22.421.
(d)
Retention Period - The records required under this section shall be permanently maintained by the
owner or operator unless destruction of the records is authorized by the Director following the
completion of the post closure monitoring period.
Reg.22.618- Operating Plan And Narrative
(a)
Applicability - Each permitted facility shall develop and implement an operating plan and narrative.
The purpose of the operating plan and narrative shall be to develop and present site specific methods
and procedures by which the facility will maintain and document compliance. The operating plan
and narrative shall address the requirements of this regulation and any other regulations applicable to
the operation and construction of the facility.
(b)
Submission Date - The operating plan and narrative shall be submitted to and approved by the
Department as either a part of the permit application process (Reg.22.303), permit modification
process (Reg.22.308) or permit renewal process (Reg.22.309).
(c)
Updates - Each facility shall update the plan and narrative as required to reflect current operations
and regulations. Revisions to the document shall be submitted to the Department which reserves the
right to require that the changes be accomplished through a permit modification prior to
implementation.
Reg.22.619- Annual Engineering Inspection Reports
(a)
Applicability - This section applies to all Class 4 permitted landfills.
(b)
Report Requirements - A professional engineer registered in the State of Arkansas shall inspect the
landfill site at least annually and prepare an annual report addressing operational compliance with
permit conditions, permit plans, specifications and the narrative and all applicable regulations. The
Annual Engineering Inspection Report shall address the 12-month period from January through
December and shall be submitted to ADEQ by June 30 of the following year. The Annual
Engineering Inspection Report shall contain at a minimum:
(1)
The volumetric capacity remaining in the current landfill cell or area and the projected
date for opening new cells or areas;
(2)
The estimated remaining volumetric capacity of all permitted Class 1 landfill units, the
landfill capacity (total air space) utilized during the past one year period, and the
estimated remaining site life (in years) based upon the utilization rate during the
previous one (1) year period.
(3)
Documentation of compliance of facility fill progression with the approved permit
plans, specifications and operating plan and narrative;
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(4)
Documentation of compliance with the operating requirements of this regulation,
permit conditions, the approved operating plan and any other applicable regulations;
(5)
An updated contour map that depicts:
(i)
The horizontal and vertical extent of the active and inactive fill areas;
(ii)
The status of each permitted landfill unit or cell (future unit, active unit, inactive,
under construction, under interim cover, undergoing closure, closed, post-closure,
etc.);
(iii)
The survey grid system required by Reg.22.426;
(iv)
The location of any other visible surface features or improvements such as roads,
fences, buildings, gas control systems, surface water control systems, etcetera; and
(v)
The person responsible for gathering survey data and the date(s) that survey data
was taken to prepare the map. For purposes of annual reports, survey data may be
collected by any person familiar with survey techniques, however, a professional
land surveyor, registered in the State of Arkansas, shall perform the initial survey of
new units required under Reg.22.428(h) and final survey of closed units required
under Reg.22.1301(i).
(6)
Quantity, location and characteristics of leachate collected, recirculated and disposed;
(7)
Maintenance of stormwater controls and other best management practices for erosion
control;
(8)
Status of capping and closure of completed areas;
(9)
Status of remedial or corrective actions taken;
(10)
Updated Financial Assurance documentation as required in Chapter 14 Financial
Assurance Criteria of these regulations.
(11)
Revised or updated facility Closure Plan in accordance with the requirements contained
in Chapter 13 Closure and Post-Closure Care of these regulations.
(12)
Any other items that affect compliance at the landfill;
Reg.22.620- Ground Water Standards For Solid Waste Facilities And Practices
(a)
Applicability - A facility or practice shall not contaminate an underground water source beyond the
solid waste boundary or beyond an alternative boundary specified in accordance with paragraph (b)
of this section.
(b)
Compliance Boundary - Owner or operators may demonstrate that compliance should be determined
at an alternative boundary in lieu of the solid waste boundary. The Department may establish such
an alternative boundary only if it finds that such a change would not result in contamination of
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ground water which may be needed or used for human consumption. This finding shall be based on
analysis and consideration of all of the following factors that are relevant:
(c)
(1)
The hydrogeological characteristics of the facility and surrounding land, including any
natural attenuation and dilution characteristics of the aquifer;
(2)
The volume and physical and chemical characteristics of the leachate;
(3)
The quantity, quality, and direction of flow of ground water underlying the facility;
(4)
The proximity and withdrawal rates of ground-water users;
(5)
The availability of alternative drinking water supplies;
(6)
The existing quality of the ground water, including other sources of contamination and their
cumulative impacts on the ground water;
(7)
Public health, safety, and welfare effects.
Definitions - As used in this section "Contaminate" means to introduce a substance that would cause:
(1)
The concentration of that substance in the ground water to exceed the maximum contaminant
level specified in Appendix 3; or
(2)
An increase in the concentration of that substance in the ground water where the existing
concentration of that substance exceeds the maximum contaminant level specified in
Appendix 3.
Reg.22.621- Minimum Design Criteria
(a)
Applicability - Unless provided otherwise, the requirements of this section as well as Reg.22.624,
Reg.22.625, and Reg.22.626 shall apply only to newly permitted facilities, increases in the
permitted capacity or disposal area, or permit renewals as specified in .309.
(b)
Design Standards - In accordance with Reg.22.620, a facility or practice shall be designed to
prevent the contamination of an underground drinking water source beyond the solid waste
boundary or beyond an alternative boundary specified in accordance with paragraph (b) of Reg.
22.620.
(c)
Minimum Design Criteria - At a minimum, the bottom and side slope liner systems of new Class 4
landfills and expansions of the permitted fill area shall be constructed:
(1)
With a compacted clay liner consisting of at least an 18 inch thickness with a hydraulic
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conductivity of no more than 1 x 10 cm/sec; or
(2)
In accordance with a design approved by the Director. The design must ensure that the
concentration values specified in Appendix 3 will not be exceeded in the uppermost
aquifer at the relevant point of compliance, as specified by the Director under
Reg.22.620. Landfills sited in favorable, uniform geologic settings exhibiting in-place
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permeability equal to or less than 1 x 10-5 cm/sec may be constructed without
compacted liners provided the standards of this section are met.
(d)
Final Cover System Requirements - Each waste unit shall at a minimum provide a final cover
system consisting of from bottom to top:
(1)
A compacted clay barrier layer of at least a 18 inch thickness with a hydraulic
conductivity of no more than 1 x 10-5 cm/sec; and
(e)
(2)
An erosion layer of at least six inches thickness that is capable of supporting vegetation,
or
(3)
In accordance with a design approved by the Director. The design must demonstrate
equivalency to the prescriptive final cover requirements contained in paragraph (1) of
this section.
Ground Water Monitoring - Ground water monitoring will not be required unless the Director
determines that monitoring is required to confirm that the ground water standards set forth in Reg.
22.620 are being met.
Reg.22.622- Survey Control
(a)
Survey Control Required - Each permitted landfill shall develop and maintain a method of survey
control in accordance with Reg. 22.426.
Reg.22.623- Surface Water Control
(a)
Applicability - In addition to the requirements of Reg.22.614 and Reg.22.615 each landfill shall
design and implement a system to control surface water at the facility in a accordance with the
minimum standards set forth in Reg. 22.427 except that existing facilities must not comply with
Reg.22.427(b) and (c) unless the current design includes a sedimentation pond.
Reg.22.624- Liner And Final Cover Design And Construction
(a)
QA Plan Required - Written quality assurance plans shall conform to the requirements of
Reg.22.428.
Reg.22.625- Earthwork Balance
(a)
Applicability - Applicants for new landfills and expansions to the permitted area shall provide an
earthwork balance in accordance with the requirements of Reg. 22.430.
Reg.22.626- Landfill Configuration
(a)
Applicability - Applicants for new landfills and expansions to the permitted area shall comply with
the landfill configuration requirements of Reg.22.431.
Reg.22.627- Other Requirements
(a)
Chapter References - Applicants, permittees, owners and operators shall also refer to applicable
provisions of Chapters 11, Geotechnical Investigations, Chapter12, Ground Water Monitoring and
Corrective Action, Chapter 13, Closure and Post Closure Care, and Chapter 14, Financial Assurance
Criteria, for additional requirements.
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Chapter 7 Special Materials Requirements
Reg.22.701- General Provisions
(a)
Notification and Permit Requirements - Special materials, as defined by this Regulation, may be
disposed of in Class 1 landfills provided the applicant has notified the Department of the intent to
receive and dispose of such wastes and has received authorization by permit or modification thereof.
Special materials shall not be disposed of in Class 3 or 4 landfills, unless the landfill is specifically
designed for the receipt and disposal thereof and the disposal has been approved by the Department
by permit or modification thereof. Unless written permission is granted by the Department or receipt
of the waste is authorized under Chapter8, transfer stations, composting facilities, and solid waste
recovery facilities are not authorized to accept special materials as defined and identified herein.
(b)
Hazardous Waste Prohibition - Materials known to be hazardous waste are restricted from disposal
at a landfill permitted under the authority of this Regulation.
(c)
Hazardous Substances not Hazardous Wastes - Materials not regulated as hazardous wastes but
known to be hazardous substances are eligible for disposal in a landfill provided the material is
handled in a manner that protects the public health and safety, is consistent with this Regulation and
any other regulations that may apply to the use and disposal of the waste.
(d)
Restricted Materials - Other restricted materials include but may not be limited to oil sludges;
pathological, infectious and biological wastes; radioactive materials; acutely hazardous chemicals;
highly flammable or volatile substances; pesticides or herbicides and explosives.
(e)
Owner or Operator Responsibilities - It is the responsibility of the owner or operator of all landfills
to maintain compliance with the requirements for special materials handling and disposal at the
landfill in accordance with the requirements described herein. The owner or operator is responsible
for maintaining all records for proper waste characterization.
Reg.22.702- Asbestos Containing Material
(a)
Applicable Regulations - Asbestos containing material (ACM) shall be handled and disposed of in
accordance with Regulation Number 21, the Arkansas Asbestos Abatement Regulation, hereinafter
referred to as Regulation 21, the Federal National Emission Standards for Hazardous Air Pollutants
(NESHAPS). Where exempt ACM is accepted for disposal, or known or suspected ACM is
discovered at the working face of the landfill, owners and operators are encouraged to handle known
or suspected ACM in a manner that will not cause visible emissions to the atmosphere and to
provide a six inch soil cover to the waste on the same day that known or suspected ACM is
discovered or received.
Reg.22.703- Incinerator Ash
(a)
Co-Disposal of Ash - The owner or operator of a Class 1 landfill may co-dispose of nonhazardous
solid waste incinerator ash that is generated from an incinerator with a permitted input capacity of
twelve (12) tons of material or less per day in the Class 1 landfill.
(b)
Ash Monofill Requirement - The owner or operator of a Class 1 landfill may accept and dispose of
incinerator ash from an incinerator with a permitted input capacity of greater than twelve (12) tons of
material per day provided the owner or operator has demonstrated to the Department:
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(c)
(1)
That the incinerator ash will only be disposed of in a monofill or a separate waste cell
specifically designed for the disposal of incinerator ash;
(2)
That the incinerator ash monofill meets all the operational and design requirements for the
permitting of Class 1 landfills as described herein.
(3)
That the incinerator ash is not hazardous waste.
Class 3 Landfill Acceptance - Incinerator ash produced by a manufacturing facility which utilizes
solid waste generated on the premises of that facility in incinerators, boilers, or industrial furnaces,
regardless of incinerator input capacity may co-dispose of incinerator ash in a Class 3 landfill,
provided that the landfill is designed and permitted for the acceptance of the ash.
Reg.22.704- Water And Wastewater Treatment Sludge
(a)
Applicability - Nonhazardous bio-solids or sludge from publicly owned treatment works may be
disposed of in a permitted Class 1 landfill under the conditions described in this section. Sludge
from industrial processes may be disposed of in a permitted Class 3 or Class 1 landfill under the
conditions described in this section if authorized by the Department.
(b)
Solidification/Free Liquids - The sludge shall be solidified to the extent necessary to support cover
and compaction of the waste and shall not exhibit free liquids as defined by the paint filter test in
Reg.22.420.
(c)
Class 4 Prohibition - Sludge shall not be disposed of in a Class 4 landfill. Sludge shall not be
disposed of in a Class 3 permitted landfill unless authority is granted by written approval by the
Department.
(d)
Sludge Characterization - Only nonhazardous sludge shall be landfilled. The owner or operator shall
require adequate characterization of the waste and shall maintain waste characterization records.
(e)
Sludge Monofills - Sludge monofills shall meet the requirements of 40 CFR Part 503.
(f)
Regulatory Requirements - The treatment and disposal of sewage sludge (biosolids) from publicly
owned treatment works shall conform to the requirements of 40 CFR Part 503. The disposal of other
sludges resulting from the treatment of wastewater or sludges resulting from industrial process shall
conform to the requirements of 40 CFR 257.
Reg.22.705- Liquid Or Semi-Liquid Cooking And Food Wastes Category
(a)
Applicability - Containerized or noncontainerized liquids that are no longer fit for human or animal
consumption, or for the use for preparation thereof or have been condemned by the Arkansas
Department of Health may be disposed of in a Class 1 landfill, provided the landfill has been notified
in advance of its intended shipment and has an approved operating plan for the bulking and
conditioning of the waste prior to commencement of waste disposal operations.
(b)
Applicable Materials - Specific items of this category include but are not limited to the following:
(1)
Beverages of all types
(2)
Waste Cooking Fats
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(3)
Grease Trap skimmings
(4)
Human or Animal Food Products
(5)
Frozen Food Processing Waste
(6)
Cannery Pomace Wastes
(7)
Hachery Waste
(8)
Packing and Killing Plant Offal
(c)
Regulatory Requirements - The treatment and disposal of liquid wastes shall be in accordance with
Reg.22.420.
(d)
Disposal Method - The waste shall be spread across the working face of the landfill and shall not be
concentrated in one area for disposal.
(e)
Transportation Requirements - Wastes in the above category that are suitable for rendering shall be
transported in such a manner to avoid spillage.
Reg.22.706- Tires
(a)
Applicability - The processing, recycling and disposal of waste tires shall conform to the
requirements of Regulation 14, Waste Tire Program.
Reg.22.707- Disposal Of Spent Pesticide And Herbicide Containers
(a)
Applicability - No person shall dispose of any pesticide or herbicide containers, or any residue
therefrom in a manner inconsistent with its labeling or intended use, or in violation of 40 CFR
261.7(b)(3) or state pollution control or plant board standard.
(b)
Triple Rinsing - Containers must first be triple-rinsed with at least fifteen percent (15%) of the
volume of the container, using rinse water as makeup whenever possible. Salvageable containers
may then be returned to the manufacturer or formulator, or a drum reconditioner for reuse.
Nonsalvageable, triple-rinsed containers may then be crushed and transported to a Class 1 landfill
for disposal.
(c)
Container Residue - Container residue and rinse water should be added to application mixes in the
field whenever possible. If not, they must be disposed of in accordance with manufacturers' label
instructions.
Reg.22.708- Petroleum Contaminated Soils
(a)
Applicability - Petroleum contaminated soils may be disposed of in a Class 1 landfill provided the
contaminated soils meet the requirements established in the Hazardous and Unauthorized Waste
Exclusion Plan developed by each Class 1 facility, as required by Reg.22.412, unless otherwise
specified in the facility disposal permit. The facility operator shall be responsible for complying
with all applicable waste determination protocols.
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(b)
Petroleum contaminated soils that comply with the facility Hazardous and Unauthorized Waste
Exclusion Plan may be used as daily cover on interior working faces that drain directly into the
facility leachate collection system.
Reg.22.709-Lights Containing Mercury
(a)
After January 1, 2008, no person or entity shall knowingly place or dispose of the bulb or tube
portion of an electric lighting device containing hazardous levels of mercury in a landfill if the
device contains more than two-tenths milligram per liter (0.2 mg/l) of leachable mercury as
measured by the Toxicity Characteristic Leaching Procedure as set out in EPA test Method 1311;
and
(b)
Adequate facilities exist for the public to properly dispose of the devices; and
(c)
Facilities must update their Hazadous Waste Exclusion Plan as necessary for collection of these
devices.
7-4
Chapter 8 Composting Facilities
Reg.22.801- Applicability And Exemptions
(a)
Applicability - This Section regulates the construction and operation of composting facilities for yard
waste, source separated organic wastes and other solid waste that may be approved by the
Department for composting. Except for the permit exemptions provided herein, no person shall
construct or operate a composting facility without first having obtained a permit or general permit
authorization pursuant to this regulation.
(b)
Acceptable Compostable Wastes - Only nonhazardous materials as defined by 40 CFR 261 and
Department Regulation No. 23 shall be approved for composting. Compost materials shall be
suitable for the proposed process and end use of the compost. Acceptable materials include:
(1)
Yard waste and other vegetative materials such as grass clippings, leaves, and shredded or
chipped brush, and tree prunings;
(2)
Other organic waste including animal manure, food wastes, food processing wastes, grease
trap waste, organic process wastes, septage and sewage sludge.
(3)
Solid waste including household garbage and nonhazardous commercial wastes that are
amenable to treatment by composting.
(c)
Unacceptable Wastes - Regulated medical waste, waste containing polychlorinated biphenyls
(PCB's), asbestos containing waste, and hazardous waste from conditionally exempt small quantity
generators shall not be used in a composting operation. Nonhazardous industrial wastes not
identified in paragraph (b) above are presumed unacceptable for composting . An applicant may
overcome that presumption by submitting technical data with the application or otherwise
demonstrating that the waste can be successfully treated by composting.
(d)
Sewage Sludge - The composting of sewage sludge shall conform to the requirements of 40 CFR 503
and other regulations promulgated by the Pollution Control and Ecology Commission.
(e)
Exemptions - The following solid waste management facilities and operations are exempt from
permitting under this Section:
(1)
The composting of less than 50 (fifty) tons or 500 (five hundred) cubic yards per year of
incoming yard waste, silvacultural activities such as tree prunings and land clearing debris,
and agricultural waste or other approved wastes not subject to the limitations of paragraph
(c). (Assumption: 1 (one) cubic yard of loose, unshredded yard waste excluding manures
weighs 200 pounds.) provided:
(i)
The process follows acceptable methods of composting and is developed,
operated, and maintained in a safe, nuisance free manner,
(ii)
Prior to the commencement of construction, a written notice is provided to the
Department describing the facility location, a description of the operation of the
facility, and the intended end use for the compost.
8-1
(2)
Small composting operations conducted by an individual treating yard and organic wastes
taken solely from that individual's personal residence or property. This exemption may be
revoked in the event that the composting operation becomes a nuisance to other persons or
property owners either adjacent to or in the vicinity of the composting operation.
(3)
Composting facilities that receive and treat only animal manures, agricultural wastes, yard
wastes and wood wastes if the facility is operated in conjunction with and on the same
property as a confined animal facility. Water Division permitting or authorization may be
required in such instances.
(4)
Composting facilities which exclusively receive and treat organic plant wastes from a
nursery operation.
(5)
The recovery and use of chipped, shredded or processed wood waste, excluding yard waste,
for reuse as a mulch, composting material or other beneficial use.
Reg.22.802- Composting Facility Classifications
(a)
Applicability - Composting Facilities shall be classified by the type of materials received and
treated.
(b)
(1)
Facilities that receive and treat only wastes identified in Reg.22.801(b)(1) shall be
classified as Type Y compost facilities. Operations of Type Y facilities shall be
covered under a General Permit.
(2)
Facilities that receive and treat only source separated organic wastes, such as paper,
food wastes, food-processing wastes, other compostable materials, or yard waste in
combination with these wastes shall be classified as Type O compost facilities.
(3)
Facilities that receive and treat mixed solid wastes such as household garbage,
nonhazardous commercial wastes, or yard waste or source separated organic wastes in
combination with these wastes shall be classified as Type S compost facilities.
(4)
Facilities that receive and treat municipal sewage sludge in combination with wastes in
paragraphs (1) and (2) above shall be classified as type O compost facilities. Facilities
that receive and treat sewage sludge with wastes in paragraph (3) above shall be
classified as type “S” facilities.
The design, operation and reporting requirements contained in this chapter are identical for Type O
and Type S composting facilities.
Reg.22.803- Location Restrictions And Siting Requirements
(a)
Applicability - Composting facilities as specified shall meet the following requirements:
(1)
Bird Hazards - Type O and Type S facilities located within 10,000 feet (3,048 meters) of any
airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport
runway end used by only piston-type aircraft shall be designed and operated in a manner that
will not pose a bird hazard to aircraft.
8-2
(2)
Flood Hazards - Type CY, Type CO, and Type CS facilities shall be designed and operated in
manner that will not restrict the flow of the base flood, reduce the temporary water storage
capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human
health, wildlife, or land or water resources.
(3)
Wetlands - Applicants for new Type Y, Type O, and Type S facilities and expansions to the
permitted area shall demonstrate that the facility or facility expansion is not located in wetlands,
or if it is, that it is in compliance with the provision of the Clean Water Act and implementing
regulations. To demonstrate compliance the applicant must provide a wetlands delineation and
any permit that may be required by the appropriate agency with jurisdiction for the proposed site.
Where indicated by site characteristics, Type Y facilities may also be required to document
compliance.
(4)
Local Zoning - Type Y, Type O, and Type S facilties located within a municipality or county that
has adopted restrictions on sites in conjunction with a comprehensive county-wide land use plan
as provided in Reg.22.202, specific geographic site approval from the government(s) of
jurisdiction shall be obtained by the applicant for submission to the Department with the preapplication.
(5)
(b)
Setback Distances - Composting areas for all facilities placed in service after May 7, 1995, as
measured from the edge of any composting area, or area used for storing in-coming materials or
finished compost, shall not be located within:
(i)
Fifty (50) feet of the property boundary;
(ii)
One hundred (100) feet from a naturally occurring surface water body, stream or streambed;
and
(iii)
Two hundred (200) feet to an existing residence, place of business or drinking water supply
not owned or leased by the applicant. Existing residences, businesses and water supplies
shall be determined at the time in which notice is filed with the regional solid waste
management district or a preapplication is filed with the Department, which ever comes first.
Groundwater and Bedrock Separation Distances - Type O and S facilities shall not be located in
areas where the seasonal high ground water is less than five feet from the top of the proposed
compost floor system surface or where bedrock lies less than 24 inches below the top of the
proposed compost pad surface. (c) Solid Waste Management District Notification - Applicants for
composting shall provide notice to the Solid Waste Management District in which the facility is
proposed to be located prior to submitting an application to the Department. In addition to the
requirements of this Chapter, applicants for a permit shall comply with any District rules regarding
the siting, design, or operation of solid waste management facilities and any applicable
comprehensive local zoning requirements.
Reg.22.804- Application Requirements
(a)
Application Procedures - Except as provided in this Chapter, applications for an individual permit
for composting shall conform to the requirements of Regulation Number 8, Administrative
Procedures, and this section. Applicants for coverage under the general permit program shall
conform to the procedures established under the general permit program.
8-3
(b)
Application Contents - An application for a composting permit shall include the following:
(1)
The classification of the proposed facility;
(2)
Proof of ownership or control of the site and proposed entity responsible for operation
and maintenance of the composting site plant;
(3)
A map or aerial photograph indicating land use and zoning within 1/2 mile of the
facility showing all residences, structures, surface waters, public and private water
supply sources, access roads, railroads, airports, historic sites, and other existing
features in the project area;
(4)
Maps indicating the existence of any regulated wetlands or floodplains on or adjacent to
the site and, for Type CS facilities that accept putrescible wastes, any airports within
10,000 feet of the site;
(5)
A site plan map that delineates:
(i)
The proposed composting areas including any staging and storage areas for
incoming materials and completed compost;
(ii)
Property boundary locations, the location of existing and proposed access roads, onsite roads and other site improvements;
(iii)
Site topography, showing contours, existing and proposed drainage characteristics
including any run-on and run-off control systems that will be constructed;
(6)
Type O and Type S facility applications require permit plans and specifications,
prepared by a professional engineer registered in the State of Arkansas clearly showing
and describing the facilities to be constructed. The design shall include or address all
the operating requirements of Reg.22.805 and design requirements of Reg.22.806. A
design narrative including calculations, rationale, and other documentation necessary to
show compliance with these requirements shall accompany or be included in the permit
specifications;
(7)
All Type O and Type S composting facilities shall submit a geotechnical report that
describes site conditions to a depth of at least ten feet, below existing ground surface, as
determined from existing data or supplemented by on-site investigations. The
geotechnical report shall, at a minimum, include a characterization that describes the
site soil type, bedrock characteristics, and seasonal high water table. The site
characterization information shall include the following:
(i)
Soil type - the thickness and aerial extent shall be determined through the
excavation of test pits or borings. Specific geotechnical testing of soil units may be
required to ensure insitu soil appropriateness for the proposed facility design and
operation.
(ii)
Bedrock characteristics - bedrock lithology and depth should be determined through
the excavations of test pits or borings. Data from existing excavations may be used
8-4
if they are of sufficient detail and quality. Additional studies may be necessary if
initial characterization indicates the presence of any geologic/geotechnical
conditions which may adversely affect or be affected by the proposed facility.
(iii)
Seasonal high water table - depth to the seasonal high water table (if less than ten
feet) beneath the proposed facility shall be determined through the excavations of
test pits or borings. Also, aquifer properties such as the rate and direction of water
movement must be determined. Data from existing excavations or published
reports may be used if they are of sufficient detail and quality.An operating plan
meeting the following requirements for each type of facility:
(i)
(ii)
Type Y facilities shall have a written operating narrative that addresses at least the
following components:
(A)
Description of the waste to be received;
(B)
Designation of persons responsible for operation, control and maintenance
of the facility;
(C)
Methods for controlling the types of waste received;
(D)
Methods of removing and recovering noncompostable materials for
recycling or disposal including the removal, storage, and disposal of any
hazardous wastes;
(E)
Methods to minimize, manage and monitor odors;
(F)
Runoff and NPDES storm water control measures;
(G)
Description of the compost method to be utilized:
(H)
Plans for marketing or distribution of the finished compost.
Type O and Type S facilities shall have a written operating plan that includes or
addresses the following components:
(A)
A description of the anticipated types, quantity, and sources of waste to be
received and a description of any additives used in the process;
(B)
Designation of persons responsible for operation, control, and maintenance
of the facility;
(C)
Methods for measuring incoming waste;
(D)
Methods to control the types of waste received to include regular inspection
procedures;
(E)
Methods for removing and recovering for recycling or disposing of
noncompostable wastes from the incoming waste stream, including
procedures for removal, storage and disposal of any hazardous wastes;
8-5
(9)
(F)
Methods to process incoming yard waste and finished compost;
(G)
A description of the compost method to be utilized and the methods to
maintain biological conditions, and to minimize, manage, and monitor
odors;
(H)
Leachate and NPDES storm water control measures;
(I)
Vector, dust and litter control measures;
(J)
Contingency operations plan that specifies the responsibilities and measures
in the event of equipment failure, power outages, natural disasters, fire,
receipt of prohibited materials, including the designation of permitted
disposal sites for incoming wastes, leachate, and for hazardous wastes;
(K)
Plans for monitoring, sampling and testing the composting materials for
process control and product quality assurance as specified inReg.22.806;
(L)
Plans for marketing or utilization of the finished compost.
A closure plan meeting the following requirements for each class facility:
(i)
The closure plan shall contain a schedule and description of the steps necessary to
close the facility. Included in the plan shall be a detailed estimate of the cost
required for a third party to perform the closure activities. The plan shall also
include the following provisions:
(A)
Periodic updates to the plan as determined by the Department;
(B)
The Department shall be notified in writing 60 days prior to the proposed
termination date of the facility;
(C)
Within 10 days of ceasing operations, all residuals, waste, etc. shall be
removed from the site and disposed. The facility will then arrange for a
final cleaning of any containers, equipment, machines, floors, and facility
surfaces having come in contact with source-separated organic waste or
solid waste.
Reg.22.805- Operational Requirements
(a)
Common Requirements - Requirements common to all composting facilities:
(1)
The operation shall be conducted in a manner which precludes pollution, public health
hazards, nuisances, odors and the harborage of vectors;
(2)
Operation of the facility shall follow acceptable methods of composting which result in the
aerobic biochemical degradation of the organic material received;
8-6
(3)
(b)
(c)
All operations shall be performed by licensed on-site operators who are certified in
accordance with Regulation No. 27 of the Commission during all hours of operation, and
access to the facility shall be prohibited during nonoperating hours.
Type Y Operating Requirements:
(1)
A written operating record shall be maintained in accordance with Reg.22.808(a).
(2)
The operation shall conform to an approved written operating narrative that includes or
addresses the requirements of this Chapter.
Type O and Type S Operating Requirements:
(1)
The composting of sewage sludge shall meet the criteria for a process to further reduce
pathogens (PFRP) and vector reduction as provided by 40 CFR ' 503.
(2)
The facility shall monitor and document the temperature of composting material to insure
that pathogen reduction criteria are met. Temperature readings shall be recorded each
operating day during the active composting period. Once the pathogen and vector reduction
requirements have been met or exceeded, monitoring may occur less frequently;
(3)
In order to minimize odors, the attraction of vectors and percolation of liquid waste through
soils at the site, liquid and semi-liquid wastes, sludges, sewage sludge (biosolids) and septage
shall be mixed with bulking agents or compost material as soon as practicable on the day
they are received unless the operator satisfactorily demonstrates that severe conditions
prohibit such activities. In any event, all incoming waste shall be incorporated into the
composting process within a maximum of three days such that the liquid or sludge is
promptly absorbed and not allowed to flow as free liquid from the bulking material or from
the compost windrows. Otherwise, the waste shall be disposed of at a permitted landfill at
the end of the 3 (three) day period.
(4)
Stored, finished compost that is not sold within 6 months shall be removed or reprocessed
for use or sale;
(5)
A written operating record shall be maintained in accordance with Reg.22.808(b).
(6)
The operation shall conform to an approved written operating plan that includes or address
the requirements of this Chapter.
Reg.22.806- Design Requirements
(a)
Class Y facility design must include the following:
(1)
A general schematic of the proposed process including the proposed receiving, processing,
production, curing and storage areas.
(2)
The composting area shall have a surface that can withstand heavy equipment loads, and
shall be sloped to prevent ponding.
8-7
(b)
(3)
Stormwater management controls to meet State and Federal regulations and to prevent
stormwater run-on from entering receiving, processing, curing, or storage areas.
(4)
Site access and security measures to include barriers to unauthorized entry and dumping, allweather access roads and signage.
(5)
Methods for odor, noise, dust, vector, and litter control.
(6)
Sufficient capacity to handle incoming waste and the storage of 6 months production of
finished compost and methods to handle and remove unacceptable wastes delivered to the
facility.
Type O and Type S facilities shall be designed and certified by a professional engineer registered in
the State of Arkansas and the design must include the following:
(1)
A flow diagram of the proposed processing steps including an estimated mass balance of
material received, residuals generated, recyclable items recovered and finished compost
produced.
(2)
A description and depiction of proposed equipment
(3)
A low permeability composting floor system for storage of incoming waste and active
composting areas. The floor system shall consist of a subbase of compacted clay, treated
soil or other impermeable material with a permeability of 1 x 10-7 cm/sec or less and, for all
new Type S facility applications and expansions after the effective date of this regulation, a
minimum thickness of 12 inches, overlain by cement treated soil, stone or gravel base
course, asphalt, concrete, compacted clay or other material which can withstand heavy
equipment loads. The top of the composting floor system shall be sloped a minimum of two
(2) percent to prevent ponding and shall drain or empty into a holding tank, sanitary sewer,
permitted treatment system, or other leachate collection system.
(4)
Site plan showing dimensions and details of the proposed processing, production, curing,
and storage areas.
(5)
Engineering drawings of the site indicating the location of roads, building, equipment, fences
and gates, landscaping, utility lines, drainage facilities, and existing and final contours
indicating any site grading work that will be necessary.
(6)
Profile or cross section views of the site as necessary to describe the construction of access
roads, drainage structures and features, existing and final grade, superstructures, processing
or storage areas, and other significant features or structures.
(7)
Stormwater management controls to meet State and Federal regulations and to prevent
stormwater run-on from entering receiving, processing, curing, or storage areas, and to
control stormwater run-off from these areas.
(8)
Leachate collection and removal systems designed for incorporating the liquid back into the
compost piles and/or removal and treatment.
8-8
(9)
Site access and security measures to include barriers to unauthorized entry and dumping, allweather access roads and signage.
(10)
Methods for odor, noise, dust, vector, and litter control.
(11)
Sufficient capacity to handle incoming waste including three (3) days storage, and storage of
six (6) months production of finished compost, and methods to handle and remove
unacceptable wastes delivered to the facility.
Reg.22.807 - Testing Of Run-Off And Compost
(a)
NPDES Permits - The facility shall not commence construction or operation without required
stormwater or discharge permits or documentation that a permit or permits is not required. Analysis
results, DMR's and other stormwater or discharge records shall be retained as described in
Reg.22.808.
(b)
Type Y Facility Testing Requirements - Type Y facilities shall not be required to test the finished
compost unless materials other than yard waste are incorporated into the compost. If other materials
are found, then the facility shall be required be meet the requirements for a Type O or S permit, and
compost shall be tested in accordance with Table 2 as directed by the Department.
(c)
Types O & S Testing Requirements - Types O and S facilities shall develop an initial Quality
Assurance/Quality Control plan to be included with the Operating Narrative outlined in Reg. 22.804.
The initial plan will include, at a minimum, the parameters in Table 2. This plan will serve as an
outline only and will be adjusted as described below:
(1)
The Department will prescribe monitoring and sampling schedules for the first year of
facility operation.
(2)
From the information gained during this first year of operation, the plan will be updated to
include monitoring schedules and quality assurance procedures.
(3)
Compost shall be sampled and analyzed thereafter according to the approved plan.
(4)
Test results will be available for inspection by the Department or be furnished to the
Department upon request.
Reg.22.808- Recordkeeping And Reporting
(a)
Type Y Facilities - Type Y composting facilities shall keep and retain records of operations which
shall be available for inspection by the Department. Records shall include at a minimum:
(1)
Monitoring results of stormwater runoff and/or site discharges as required by facility
NPDES permits.
(2)
Permit, design drawings, operating narrative, modifications, annual reports, and
Department correspondence;
(3)
Facility operating records as required by Reg. 22.804(b)(1).
(4)
Quantity, type and source of incoming waste on a monthly basis;
8-9
(b)
(c)
(5)
Quantity, of compost sold or distributed on a monthly basis;
(6)
Quantity of residue removed for disposal, and the date and location of disposal;
(7)
Any testing data including sampling information, chain-of-custody, and sample results
that may be taken of compost products generated at the site; and
(8)
Any other records required by Regulation 22.
Type O and Type S Facilities - Types O and S facilities shall keep and retain records of operations
which shall be available for inspection by the Department. Records shall include at a minimum:
(1)
Compost analysis results which include the name of the testing laboratory;
(2)
Quantity, type and source of incoming waste;
(3)
Quantity and types of recovered recyclables, as appropriate;
(4)
Quantity of compost produced;
(5)
Quantity of compost sold/distributed, and markets;
(6)
Quantity of disposed residue, date and location of disposal;
(7)
Daily temperature readings and retention times during PFRP;
(8)
Leachate management records and summaries;
(9)
Monitoring results of stormwater runoff and/or site discharges as required by facility
NPDES permits;
(10)
Application documents, permits, design drawings, operating plans, modifications,
Department correspondence;
(11)
Annual reports and data for compiling annual reports.
Annual Reports – All composting facilities shall submit an annual report to the Department
covering a reporting period from January through December, and shall be submitted to the
Department by March 31 of each year covering the previous reporting period.
(1)
Type Y facilities shall submit an annual report summarizing the results of
Reg.22.808(a) since the previous report;
(2)
Type O and Type S facilities shall submit an annual report summarizing the results of
Reg.22.808(b) above since the previous report.
Reg.22.809- Compost Utilization
(a)
Labeling Requirements Compost produced from Type S and Type O facilities that is offered for sale
or distribution must contain a label indicating recommended safe use and application rates, and
8-10
restrictions, if any, on use of the product. If compost is offered for bulk sale or distribution, signs or
printed literature must be available with this information.
(b)
Conformance with Standards - Utilization of compost produced from Type S facilities is governed by
the parameters outlines in Table 2. Compost parameter limits have been selected to protect public
health and safety and to protect the environment. Any material not meeting the parameter limits in
Table 2 may be used only as authorized by the Department or it must be disposed.
(c)
Exceptions - Persons wishing to apply material exceeding parameter limits in Table 2 must show that
site-specific soil conditions will allow application without endangering the public or the environment
and application site permitting may be required.
Reg.22.810- Closure And Financial Assurance
(a)
Closure Notification - Composting facilities shall notify the Department in writing 60 days prior to
the proposed termination date of the facility. Within 30 days of ceasing operations, all residuals,
waste, etc. shall be removed from the site and disposed.
(b)
(c)
(d)
Closure Plan Submittals - Composting facilities shall prepare and submit a closure plan containing a
schedule and description of the steps necessary to close the facility. Included in the plan shall be a
detailed estimate of the cost required for a third party to perform the closure activities. The plan
shall also include the following provisions:
(1)
An updated plan shall be submitted periodically as required by the Department;
(2)
The Department shall be notified in writing 60 days prior to the proposed termination date of
the facility;
(3)
Within 10 days of ceasing operations, all residuals, waste, etc. shall be removed from the site
and disposed. The facility will then arrange for a final cleaning of any containers,
equipment, machines, floors, and facility surfaces having come in contact with sourceseparated organic waste or solid waste. All closure activities shall be completed not later
than 45 days after the termination date of the facility in item (3).
Financial Assurance Requirements - Owners and operators of permitted compost facilities shall post
financial assurance in accordance with the requirements of this regulation. In considering the
amount of financial assurance, the Director will base the decision upon:
(1)
The size of the facility and the risk of environmental contamination; and
(2)
150% of the maximum permitted amount of all solid waste and compost ever stored on site
at one time can be transported and disposed of by landfilling in a permitted Class 1 landfill
by a third party.
Use of Financial Assurance Funds - Financial assurance funds may be used, as determined by the
Director, for any reasonable purpose to remediate and mitigate any environmental, health, and safety
hazards at the site should the owner or operator be unable or unwilling to fulfill the permit
obligations of this Regulation.
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(e)
Financial Assurance Mechanisms - Owners or operators required by the Director to post financial
assurance shall choose an acceptable financial assurance mechanism from those listed in
Reg.22.1405 and maintain the financial assurance until site closure has been conducted in accordance
with the approved closure plan required under this section.
Table 2 Compost Quality Verification
PARAMETER
UNIT
Soluble salts – electrical
conductivity
Pathogens
Fecal coliform
Salmonella
pH
mmhos/cm
PFRP
MPN/g
MPN/4g
s.u.
N/A
1000
3 or less
5.5-8.5
EPA, 40 CFR ' 503 Appendix B(B)(1).
Standard Methods 9221 E. or 9222 D.
Standard Methods 9260 D.
Arsenic
mg/kg
41
Cadmium
mg/kg
39
Chromium
mg/kg
1200
Copper
mg/kg dry
wt.
mg/kg dry
wt.
mg/kg dry
wt.
mg/kg dry
wt.
1500
AOAC 975.03b(b) and EPA dry wt. 6010A or 7061A; or EPA 3050 and
6010A or 7061A.
AOAC 975.03B(b) and EPA dry wt. 6010A or 7130; or EPA 3050 and
6010A or 7130.
AOAC 975.03B(b) and EPA dry wt. 6010A or 7190; or EPA 3050 and
6010A or 7190.
AOAC 975.03B(b) and EPA 6010A or 7210; or EPA 3050 and 6010A or
7210.
AOAC 975.03B(b) and EPA 6010A or 7420 or 7421; or EPA 3050 and
6010A or 7420 or 7421.
AOAC 971.21; or EPA 7471A.
mg/kg dry
wt.
mg/kg dry
wt.
mg/kg dry
wt.
420
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
LIMIT TEST METHOD
NCR Publication 221, Method 14; or EPA 9050A.
300
17
54
36
2800
NCR Publication 221, Method 14; or EPA 9045.
AOAC 975.03B(b) and EPA 6010A or 7480 or 7481; or AOAC 985.01
and EPA 6010A or 7480 or 7481; or EPA 3050 and 6010A or 7480 or
7481.
AOAC 975.03(b) and EPA 6010A or 7520; or EPA 3050 and 6010A or
7520.
AOAC 975.03B(b) and EPA 7740 or 7741A; or EPA 3050 and 7740 or
7741A.
AOAC 975.03B(b) and EPA 6010A or 7950; or EPA 3050 and EPA
6010A or 7950.
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Chapter 9 Transfer Stations
Reg.22.901- General Provisions
(a)
Applicability - This Chapter regulates the construction and operation of solid waste
transfer stations, which by definition shall include solid waste recovery facilties. No
person shall construct or operate a transfer station used in the recovery, collection,
segregation, processing, storage, or transport of solid waste materials without first having
obtained an individual permit or authorization for coverage under a general permit
pursuant to this regulation.
(b)
The design and operation rules contained in this section are appropriate and applicable
for operations that are not required to obtain permitting but are used to process solid
waste at landfill facilities. Such operations may include but are not limited to baling,
shredding, or other types of solid waste processing activities that occur within the landfill
premises. Unless specifically approved by ADEQ, these types of processing activities
shall comply with the design and operation requirements contained in this section and be
specifically addressed in the facility operating narrative.
(c)
Existing Transfer Stations - The Department may waive specific design requirements of
this Chapter for facilities in existence prior to May 7. 1995, provided that the applicant
demonstrates that physical improvements to the facility are not practical for
implementation due to physical constraints at the facility. Any modifications to the
facilities shall require Department approval and shall conform to the regulations in effect
on the date of modification.
(d)
Phase-out of "Green Box" Systems – Each solid waste management system shall have the
capability to control the type and character of the waste that is collected through point of
generation pick-up or attended public collection centers. Except for drop off points for
source separated recyclables, a solid waste collection system consisting of unattended
storage or collection boxes for public drop-off and use for which there is no means to
restrict undesirable waste acceptance shall not be considered an acceptable solid waste
management system. Solid Waste Management Systems may use collection boxes for
public drop-off and use, without permit, if the site restricts the receipt of unauthorized
waste, have attended ingress and egress to the site when operating, and does not compact
waste at the site.
Reg.22.902- Location Restrictions And Siting Requirements
(a)
Applicability - New and existing transfer stations shall meet the following Site Selection
Limitations and Location Restrictions including but not limited to:
(1)
A facility handling putrescible wastes within 10,000 feet (3,048 meters) of any
airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of
any airport runway end used only by piston-type aircraft shall be designed and
operated in a manner that will not pose a bird hazard to aircraft.
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(2)
Facilities shall be designed and operated in a manner that will not restrict the flow
of the base flood, reduce the temporary water storage capacity of the floodplain,
or result in washout of solid waste so as to pose a hazard to human health,
wildlife, or land or water resources.
(3)
New facilities or expansions shall demonstrate that it is not located in wetlands
or, if it is, that it is in compliance with the provisions of the Clean Water Act and
implementing regulations. To demonstrate compliance, the applicant must
provide a wetlands determination prepared by the appropriate agency with
jurisdiction for the proposed site and any permit required by the agency.
(4)
If the proposed solid waste facility site is located within a municipality or county
that has adopted restrictions on sites in conjunction with a comprehensive countywide land use plan as provided in Reg.22.202, specific geographic site approval
from the government(s) of jurisdiction shall be obtained by the applicant for
submission to the Department with the pre-application.
(5)
Transfer station active areas, as measured from a waste storage bin, receptacle or
any permanent structure shall not be located within:
(i)
Fifty (50) feet of the property boundary, and;
(ii)
Two hundred (200) feet to an existing residence, place of business or
drinking water supply not owned or leased by the applicant. Existing
facilities shall be determined at the time in which notice is filed with the
regional solid waste management district or a pre-application is filed with
the Department, which ever comes first.
(b)
Local Government Control - Nothing contained herein shall be construed to prevent local
governments from exercising legitimate zoning authority over solid waste management
facilities.
(c)
Solid Waste District Notification - Applicants for transfer stations shall provide notice to
the Solid Waste Management District in which the facility is proposed to be located. In
addition to the requirements of this Chapter, applicants for a permit shall comply with
any District rules regarding the siting, design, or operation of solid waste management
facilities and any applicable comprehensive local zoning requirements. Applicants shall
obtain a Certificate of Need from the District pursuant to A.C.A.§ 8-6-701 et seq.
(d)
Waiver for Existing Facilities - The Department may waive all or part of the requirements
of this Section for facilities in existence prior to May 7, 1995 provided that the applicant
demonstrates that improvements to the facility are not practical due for implementation to
physical constraints at the facility. Any subsequent modifications to the facilities shall
require Department approval and shall conform to the regulations in effect on the date of
modification.
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Reg.22.903- Application Requirements
(a)
Application Procedures - Applications for an individual permit to construct or operate a
transfer station shall conform to the requirements of Regulation Number 8,
Administrative Procedures, and this section. Applicants for coverage under the general
permit program shall conform to the procedures established under the general permit
program.
(b)
Application Contents - An application for a transfer station permit shall be made on
forms provided by the Department and shall include, either on the form or supporting
documentation, the following:
(1)
Owner of the site and proposed entity responsible for actual operation and
maintenance of the transfer station;
(2)
A map or aerial photograph indicating land use and zoning within 1/2 mile of the
facility showing, with reasonable accuracy, residences, structures, surface waters,
public and private water supply sources, access roads, railroads, airports, historic
sites, and other existing features in the project area;
(3)
Maps indicating the existence of any regulated wetlands or floodplains on or
adjacent to the site.
(4)
A site plan map that delineates:
(i)
The proposed or existing buildings and improvements including any
staging and storage areas for incoming solid waste;
(ii)
Survey boundary locations, the location of existing and proposed access
roads, utilities and any other site improvements;
(iii)
General site topography, existing and proposed drainage characteristics
including any run-on and run-off control systems that will be constructed;
(5)
A description of the annual solid waste throughput and the service area population
(both present and projected) including maximum storage time of any waste, and
where all waste will be disposed of;
(6)
Permit plans and specifications clearly indicating the layout and construction that
will be undertaken and a design narrative or specifications describing the facility
design;
(7)
An operating plan describing how the facility will meet the requirements of this
Chapter.
(8)
Additional data or information as may be required by the Department.
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Reg.22.904- Operational Requirements
(a)
Acceptable Waste - Only household waste, commercial, and industrial waste shall be
accepted at the facility except that no industrial process waste or infectious waste shall be
accepted unless specifically approved by the Department. If Class 4 wastes are to be
accepted for disposal at a Class 4 landfill, adequate provision shall be made for the proper
separation, handling, storage and transfer of this waste.
(b)
Ultimate Disposal of Waste - All solid waste passing through the transfer station must be
ultimately reclaimed or recovered, or disposed of at a permitted landfill.
(c)
Asbestos Waste - Department approval is necessary prior to the acceptance of asbestos
waste at a transfer station facility
(d)
Processing Areas - All processing, tipping, sorting, storage, compaction, and related
activities must be conducted in an enclosed or covered area or, if outdoor areas are
provided for these functions, within curbed areas where drainage is routed to an approved
collection and treatment system. Storm water or wastewater discharges from the site
shall conform to Department permitting requirements.
(e)
Storage Area - Adequate storage space for incoming solid waste must be available at the
transfer station.
(f)
External Storage - External storage of solid waste containing putrescible material is
prohibited. Nonputrescible solid waste which the facility has recovered for recycling
may be stored out-of-doors at the facility for a period not to exceed one week unless the
material is properly containerized so that there is no opportunity for rainfall to come into
contact with the waste unless the facility has a storm water permit that includes the
storage area. No person shall store solid waste at the facility in such a manner that the
storage area or solid waste becomes a nuisance, litter, sanitary or environmental problem.
(g)
Recoverable Solid Waste - Recovery of solid waste must have prior approval by the
Department and supervised by the operator. Solid waste capable of recovery must be
stored in clearly identified containers or areas, and maintained in a safe, sanitary, and
orderly manner. A record of the type and quantity of solid waste recovered must be
maintained.
(h)
Supervision of Facility - The transfer station shall have a licensed on-site operator who
has been certified in accordance with Regulation Number 27 of the Commission on duty
at all times the facility is open. Suitable fencing, gates, or signs must be provided to limit
unauthorized persons from access to the facility when the station is closed.
(i)
Signs - A sign must be posted with the hours of operation and the types of solid waste
accepted and not accepted at the transfer station at all access points to the facility.
(j)
Control of Litter, Insects, Odors, and Vectors - The operation of the transfer station and
the storage and handling of all solid waste shall be practiced so as to prevent the
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attraction, harborage or breeding of insects, rodents and other vectors and to eliminate
conditions which cause or may potentially cause:
(1)
Harm to the public health and the environment;
(2)
Safety hazards to individuals and surrounding property; and
(3)
Excessive odor problems, unsightliness and other nuisances.
In addition, the transfer station shall be maintained in a neat and orderly appearance at all
times through the control of blowing litter, proper storage of solid waste and recyclables
and through other measures as may be necessary.
(k)
Facility Maintenance - Sanitary conditions shall be maintained through the periodic
wash-down or other appropriate cleaning method of the transfer station and transfer
vehicles. Frequency of cleaning shall be sufficient to prevent odors and other nuisance
conditions from developing. All residuals shall be properly disposed of following
cleaning operations.
(l)
Drainage - All floors must be free from standing water. All drainage from cleaning,
unloading and processing areas must be discharged to sanitary sewers or permitted onsite treatment facilities.Storm water discharges from the site shall conform to Department
storm water permitting requirements.
(m)
Fire Protection - Adequate fire protection equipment must be available at all times.
(n)
Annual Reporting - The facility owner or operator shall prepare and file with the
Department annual reports by March 31 covering the period from the previous January
through December on a form provided by or acceptable to the Department. Contents of
the reports shall at a minimum include the:
(1) Source, volume or weight, and class of solid waste received at the facility;
(2) The volume or weight and type of recyclables recovered, if any; and
(3) The volume or weight of solid waste removed from the facility and the disposal
location.
(o)
Employee Facilities - Suitable enclosed office/pay station and restroom facilities shall be
provided for employees.
(p)
Operating Plan - All activities at the facility shall be performed in accordance with the
permit plans and specifications and narrative required by this Chapter and approved by
the Department. All permit plans and specifications, and narratives shall be maintained
and be available for reference and inspection at the facility and shall be updated and reapproved by the Department as necessary to reflect present operations. All facilities shall
maintain an operating plan or narrative that describes:
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(1)
How the requirements of this Section will be satisfied;
(2)
The schedule of operation including the days and hours that the facility will be
open;
(3)
Personnel required and their training and responsibilities.
(4)
Recordkeeping procedures and requirements;
(5)
A description of measures that will be taken to identify and control undesirable
wastes received that could either contaminate other wastes or pose unusual health
hazards and risks to employees such as infectious medical waste and hazardous
wastes;
(6)
Equipment provided at the facility and its operation;
(7)
Site access control method;
(8)
A description of potential safety hazards and the safety equipment and protective
gear, including but, not limited to, showers, eye wash, fire extinguisher, hoses,
hard hats, safety goggles, respirators, hearing protection and personal hygiene
facilities as appropriate;
(9)
Fire fighting procedures, including availability of water for fire fighting;
(10)
A contingency plan outlining the corrective or remedial measures that will be
taken if unapproved wastes are delivered to the facility and in the event of odors,
surface or ground water contamination, spills, equipment breakdown, and other
undesirable conditions such as fires, dust, noise, and vectors.
(11)
Closure plan
(12)
Other information as required by the Department that is appropriate to the facility
operating plan.
Reg.22.905- Design Requirements
(a)
Design Documentation - Permit plans, specifications, vendor drawings and data, and
design calculations will be provided as necessary to completely describe the facility
construction and how the facility design meets the requirements of this section.
(b)
Unloading and Loading Areas
(1)
The unloading area must be adequate in size and design to facilitate efficient
unloading from the collection vehicles and the unobstructed movement of
vehicles.
(2)
The unloading and loading pavement areas must be constructed of concrete or
asphalt paving material and equipped with adequate drainage structures.
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(c)
(3)
Adequate facilities and equipment shall be provided for the periodic washdown of
all processing, tipping, sorting, storage and compaction areas. Floor drains,
collection troughs, curbs, drainage breaks, or other suitable drainage structures
shall be provided as needed to collect and route all wash down water and other
liquids from the processing, tipping, sorting, storage and compaction areas must
be located within an enclosed building, or covered area or curbed area where
drainage from the waste is routed to a sanitary sewer or permitted on-site facilities
for treatment.
(4)
Provisions must be made for weighing or measuring all solid waste transferred to
the facility.
(5)
Sufficient internal storage areas must be provided for incoming solid waste.
(6)
Exhaust removal systems must be installed in enclosed areas.
(7)
Truck wheel curbs or equivalent must be provided as needed to prevent backing
into pits while unloading.
On-site Roads
(1)
The facility must be designed to accommodate expected traffic flow in a safe and
efficient manner.
(2)
Where public dumping is allowed, separate access for passenger vehicles should
be provided for large facilities.
(3)
The road surface design must be suitable for heavy vehicles and the road base
must be capable of withstanding expected loads.
(4)
On-site roads must be passable by loaded collection and transfer vehicles in all
weather conditions. Provisions must be made for de-icing ramps.
Reg.22.906- Closure And Financial Assurance
(a)
Financial Assurance Requirements - Owners and operators of permitted transfer stations
shall post financial assurance in accordance with the requirements of this regulation if
required by the Director. In considering whether financial assurance will be required,
the Director may consider:
(b)
(1)
The size of the facility and the risk of environmental contamination; and
(2)
The relative risk of the owner or operator to become financially incapacitated to
the point that 150% of the maximum permitted amount of all solid waste and
recovered material ever stored on site at one time can be transported and disposed
of by landfilling in a permitted Class 1 landfill by a third party.
Use of Financial Assurance Funds - Financial assurance funds may be used, as
determined by the Director, for any reasonable purpose to remediate and mitigate any
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environmental, health, and safety hazards at the site should the owner or operator be
unable or unwilling to fulfill the permit obligations of this Regulation.
(c)
Financial Assurance Mechanisms - Owners or operators required by the Director to post
financial assurance shall choose an acceptable financial assurance mechanism from those
listed in Reg.22.1405 and maintain the finacial assurance until site closure has been
conducted in accordance with the approved closure plan required under this section, or
until the Director determines that the owner or operator is not required to maintain
financial assurance.
(d)
Closure Plan Requirements - All new applications and existing facilities shall be required
to have on file with ADEQ a current closure plan containing schedules and descriptions
of the steps necessary to close the facility. A detailed estimate of the cost required for a
third party to perform the approved closure activities shall be included in the facility
Closure Plan. The facility Closure Plan shall be updated annually and submitted to
ADEQ in the facility annual report. The plan shall also include the following provisions:
(e)
(1)
An updated operating narrative shall be submitted when aspects of the approved
plan are changed;
(2)
The Department shall be notified in writing sixty (60) days prior to the proposed
termination date of the facility;
(3)
Within ten (10) days of ceasing operations, all wastes shall be removed from the
site and disposed at a properly permitted disposal facility, and the facility and
equipment shall be brought to a sanitary condition. The operator shall then
arrange for a final cleaning of any containers, equipment, machines, floors, and
facility surfaces having come in contact with source-separated organic waste or
solid waste. All closure activities shall be completed not later than 45 days after
the termination date of facility operations unless otherwise approved by ADEQ.
Closure Requirements - Upon termination of facility operations, owners or operators shall
perform facility closure in accordance with the requirements of this section.
Reg.22.907 Recordkeeping Requirements
(a)
Requirements - The owner or operator must record and retain at the facility in an
operating record or in an alternative location approved by the Director the following
information as it becomes available:
(1)
Any required location restriction demonstrations of the permitted facility;
(2)
Approved closure plans;
(3)
Any cost estimates and financial assurance documentation required by Chapter14;
(4)
Records of any periodic inspections required by this Regulation or by permit
conditions, and
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(5)
Any other records required by Regulation 22.
(b)
Access to Records - All information contained in the operating record must be furnished
upon request to the Department or be made available at all reasonable times for
inspection by the Department.
(c)
Waste Receipt Records - All owner or operators shall provide an adequate means of
recording the amount of waste that is received by the facility.
(d)
Retention Period - The records required under this section shall be permanently
maintained by the owner or operator unless destruction of the records is authorized by the
Director following the completion of the post closure monitoring period.
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Chapter 10 Construction and Demolition Recovery Facilities and Material
Recycling Facilities
Reg.22.1001- Applicability
(a)
This Chapter pertains to the construction and operation of construction and demolition recovery
facilities (C&DRF) and material recycling facilities (MRF). Construction and demolition recovery
facilities shall comply with all of the requirements of this Chapter. Material recycling facilities shall
comply with the requirements of Reg.22.1002 Permit Required - No person shall construct or
operate a construction and demolition recovery facility for the collection, storage, processing or
recovery of materials from construction and demolition waste without first obtaining a permit or
general permit authorization pursuant to this regulation.
(b)
Exemptions from Permitting - The following facilities and activities are exempt from permitting:
(1)
Material recycling facilities and facilities engaged solely in the handling and processing of
nonputrescible, "source separated recovered materials" as defined in Reg.22.102. Operation
of the MRF shall be in conformance with the requirements of Reg.22.1002;
(2)
Facilities that are regulated pursuant to hazardous waste rules and regulations which are not
also regulated pursuant to solid waste rules and regulations.
(3)
Returnable container redemption operations conducted at a dealer, distributor, or redemption
center;
(4)
The recovery and storage of recyclables on the property of a manufacturer for use in the
manufacturing process in the place of virgin material; and
(5)
Automobile dismantlers, scrap metal processors and buyers, junkyards, facilities that recover
metal from sludges that are not hazardous waste, and metal salvage yards are exempt from
regulation under this section.
Reg.22.1002- Material Recycling Facilities
(a)
Exemption from Permitting - In accordance with Reg.22.1001, MRFs are exempt from regulation
under this Chapter provided that the operation of the facility is consistent with the requirements of
this section. Facilities that fail to comply with the requirements of this section shall be subject to
permitting in accordance with Chapter 9 or Chapter 10 as applicable, and enforcement action in
accordance with Chapter 15.
(b)
Recovered Materials Only - MRFs shall be engaged solely in the storage, processing, and resale or
reuse of recovered materials and the owner or operator must be able to demonstrate that
substantially all of the incoming materials at the facility are sold, used, or reused within one year.
(c)
Conformance to District Rules - The operation of the facility shall be in conformance with any
existing Regional Solid Waste District rules or regulations pertaining to MRFs.
(d)
Vectors, Safety, and Odors - The operation of the MRF and the storage and handling of all
recovered materials shall be done in a manner that prevents the attraction, harborage or breeding of
10-1
insects, rodents and other vectors and to eliminate conditions which cause or may potentially
cause:
(1)
Harm to the public health and the environment;
(2)
Safety hazards to individuals and surrounding property; and
(3)
Excessive odor problems, unsightliness and other nuisances.
In addition, the MRF shall be maintained in a neat and orderly appearance at all times through the
control of blowing liter, proper storage of recyclables and through other measures as may be
necessary to meet the requirements of this section.
(e)
Control of Environmental Hazards - Recovered materials handled by the facility shall not be
discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water
by the owner or operator of the MRF such that the recovered materials, or any constituent thereof,
may enter other lands or be emitted into the air or discharged into any waters, including ground
waters, or otherwise enter the environment such that a threat of contamination in excess of
applicable Department standards and criteria is caused.
(f)
Hazardous Waste Handling Prohibited - The recovered materials handled by the facility shall not
be a hazardous waste as defined by Department regulations unless such handling is a part of a
Department sanctioned household hazardous waste collection program. Handling and disposal of
such household hazardous wastes shall be in accordance with Regulation 23.
Reg.22.1003- Location Restrictions And Siting Requirements
(a)
Applicability and Requirements - New and existing C&DRF shall meet the following Site
Selection Limitations and Location Restrictions including but not limited to:
(1)
Facilities shall be designed and operated in a manner that will not restrict the flow of
the base flood, reduce the temporary water storage capacity of the floodplain, or result
in washout of solid waste so as to pose a hazard to human health, wildlife, or land or
water resources.
(2)
New facilities or expansions shall demonstrate that it is not located in wetlands unless it
is in compliance with the provisions of the Clean Water Act and implementing
regulations. To demonstrate compliance, the applicant must provide a wetlands
determination prepared by the appropriate agency with jurisdiction for the proposed site
and any permit required by the agency.
(3)
If the proposed C&DRF site is located within a municipality or county that has adopted
restrictions on sites in conjunction with a comprehensive county-wide land use plan as
provided in Reg.22.203, specific geographic site approval from the government(s) of
jurisdiction shall be obtained by the applicant for submission to the Department with
the application.
(4)
Processing areas for all facilities, as measured from the edge of the recovery or
recycling building or area, shall not be located within:
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(i)
Fifty (50) feet of the property boundary, and;
(ii)
Two hundred (200) feet to an existing residence, place of business or drinking water
supply not owned or leased by the applicant. Existing facilities shall be determined
at the time in which notice is filed with the regional solid waste management
district or a pre-application is filed with the Department, which ever comes first.
(b)
Conformance With Local Zoning Requirements - Nothing contained herein shall be construed to
prevent local governments from exercising legitimate zoning authority over solid waste
management facilities.
(c)
Solid Waste Management District Notification - Applicants for C&DRF shall provide notice to the
Solid Waste Management District in which the facility is proposed to be located. In addition to the
requirements of this Chapter, applicants for a permit shall comply with any District rules regarding
the siting, design, or operation of solid waste management facilities and any applicable
comprehensive local zoning requirements.
(d)
Waivers for Existing Facilities - The Department may waive all or part of the requirements of this
section for facilities in existence prior to May 7, 1995.
Reg.22.1004- Application Requirements
(a)
Application Procedures - Applications for an individual permit for Construction and Demolition
recovery facilities shall conform to the requirements of Regulation Number 8, Administrative
Procedures and this section. Applicants applying for coverage under a general permit shall comply
with the procedures established in the general permit program.
(b)
Application Contents - An application for a permit for solid waste recovery facilities shall be made
on forms provided by the Department and shall include, either on the form or supporting
documentation, the following:
(1)
Owner of the site and proposed entity responsible for actual operation and maintenance of the
facility;
(2)
A map or aerial photograph indicating land use and zoning within 1/2 mile of the facility
which shall be of scale not smaller than 1 inch equals 500 feet to show all residences,
structures, surface waters, public and private water supply sources, access roads, railroads,
airports, historic sites, and other existing features the project;
(3)
Maps indicating the existence of any regulated wetlands or floodplains on or near the site;
(4)
A site plan map that delineates:
(i)
The proposed or existing buildings and improvements including any staging and
storage areas for incoming solid waste and recovered materials;
(ii)
Survey boundary locations, the location of existing and proposed access roads,
utilities and any other site improvements;
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(iii)
General site topography, existing and proposed drainage characteristics including any
run-on and run-off control systems that will be constructed;
(5)
A description of the annual Class 4 types of solid waste throughput and the service area
population (both present and projected), and the estimated amount of material recovered by
type;
(6)
Permit plans and specifications clearly indicating the layout and construction that will be
undertaken and an engineering narrative describing the facility design;
(7)
An operating plan meeting the requirements of this Chapter outlining the proposed method of
operations, the quantity and source of material to be processed, the proposed use and
distribution of the processed or recovered material, a plan for the disposal of materials that
cannot be used or recovered due to poor quality or changes in market conditions, and related
details; and
(8)
Additional data or information as may be required by the Department.
Reg.22.1005- Operational Requirements
(a)
Public Health and the Environment - The operation shall be conducted in a manner which
precludes pollution, public health hazards, nuisances, odors and the harborage of vectors.
(b)
Approved Operating Plan - All activities at the facility must be performed in accordance with the
manuals, plans, and programs required by this Chapter and approved by the Department. All
manuals, plans, and programs required by this Part must be maintained and be available for
reference and inspection at the facility. These manuals, plans, and programs must be updated and
re-approved by the Department as necessary to reflect present operations
(c)
Licensed Operator - All operations shall be performed by licensed on-site operators who are
certified in accordance with Regulation Number 27 of the Commission.
(d)
Receipt of Unauthorized Materials Prohibited - Unless the facility is permitted by the Department
as a solid waste transfer station in accordance with Chapter 9, the facility may receive only Class 4
types of solid waste that will be treated or processed for the recovery of recyclables
(e)
Fire Detection and Protection - All solid waste storage, handling and tipping areas must include
fire detection equipment and fire protection services.
(f)
Drainage - All floors must be free from standing water. All drainage from cleaning, unloading and
processing areas must be discharged to sanitary sewers or permitted on-site systems. Storm water
discharges from the site shall conform to Department storm water permitting requirements.
(g)
Disposal of Residuals - All solid waste passing through the facility must ultimately be recycled or
disposed of at a solid waste management facility authorized by the Department. Storage periods
for incoming putrescible solid waste and recovery residuals shall not exceed 24 hours unless in a
water-tight enclosed container.
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(h)
Access Control and Signs - Access to the site shall be controlled to minimize the possibility for
any unauthorized entry onto the facility. Access control and security measures shall include, but
not be limited to the provision of fencing and gates, the posting of warning signs or providing
other natural and man-made barriers to entry. If the facility will be open to the public, a sign must
be posted with the hours of operation and the types of solid waste and recyclable materials
accepted and not accepted at the C&DRF at all access points to the facility.
(i)
Employee Facilities - Suitable enclosed office/pay station and sanitary restroom facilities shall be
provided for employees.
(j)
Operating Plan Requirements - All activities at the facility shall be performed in accordance with
the permit plans and specifications and narrative required by this Chapter and approved by the
Department. All permit plans and specifications, and narratives shall be maintained and be
available for reference and inspection at the facility and shall be updated and re-approved by the
Department as necessary to reflect present operations. All facilities shall maintain an operating
plan or narrative that describes:
(1)
How the requirements of this section will be satisfied;
(2)
The schedule of operation, including the days and hours that the facility will be open;
(3)
Personnel required and their training and responsibilities.
(4)
Daily traffic flow to and from the facility including the estimated or actual number of
trips by private or public collection vehicles and quantity of solid waste received and
removed from the facility;
(5)
A description of measures that will be taken to identify and control undesirable wastes
received that could either contaminate other wastes or pose unusual health hazards and
risks to employees such as infectious medical waste and hazardous wastes;
(6)
Equipment used including any shredding, sorting, screening, and handling equipment;
(7)
Site access control method;
(8)
A description of potential safety hazards and the safety equipment and protective gear,
including but, not limited to, showers, eye wash, fire extinguisher, hoses, hard hats,
safety goggles, respirators, hearing protection and personal hygiene facilities as
appropriate;
(9)
Fire fighting procedures, including availability of water for fire fighting;
(10)
A contingency plan outlining the corrective or remedial measures that will be taken if
unapproved wastes are delivered to the facility, and in the event of odors, surface or
ground water contamination, spills, equipment breakdown, and other undesirable
conditions, such as fires, dust, noise, and vectors.
(11)
Other information as required by the Department that is appropriate to the facility
operating plan.
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(m)
(n)
Reporting - The facility owner or operator shall prepare and file with the Department annual . reports
by March 31 covering the period from the previous January through December on a form provided
by or acceptable to the Department. Contents of the reports shall at a minimum include the:
(1)
Source and volume or weight of solid waste received at the facility;
(2)
The volume, weight and type of recyclables recovered;
(3)
The volume or weight of solid waste removed from the facility and the disposal location; and
(4)
The volume or weight of waste removed for composting or refuse derived fuel.
(5)
Revised or updated facility Closure Plan in accordance with the requirements contained in
Chapter 13 of these regulations.
Control of Litter, Insects, Odors, and Vectors - The operation of the C&DRF and the storage and
handling of all Class 4 types of solid waste and recovered materials shall be practiced so as to
prevent the attraction, harborage or breeding of insects, rodents and other vectors and to eliminate
conditions which cause or may potentially cause:
(1)
Harm to the public health and the environment;
(2)
Safety hazards to individuals and surrounding property; and
(3)
Excessive odor problems, unsightliness and other nuisances.
(4)
In addition, the C&DRF shall be maintained in a neat and orderly appearance at all times
through the control of blowing liter, proper storage of solid waste and recyclables and
through other measures as may be necessary.
(o)
Acceptable Waste - Only construction and demolition waste shall be accepted at the facility.
(p)
Ultimate Disposal of Waste - All solid waste passing through the C&DRF must be ultimately
reclaimed or recovered, or disposed of at a permitted landfill.
(q)
Processing Areas - All processing, tipping, sorting, storage, compaction, and related activities must
be conducted in an enclosed or covered area or, if outdoor areas are provided for these functions,
within curbed areas where drainage is routed to an approved collection and treatment system. Storm
water or wastewater discharges from the site shall conform to Department permitting requirements. .
(r)
Facility Washdown - Sanitary conditions shall be maintained through the periodic wash-down or
other appropriate cleaning method of the C&DRF and transfer vehicles. Frequency of cleaning shall
be sufficient to prevent odors and other nuisance conditions from developing. All residuals shall be
properly disposed of following cleaning operations.
Reg.22.1006- Design Criteria
In addition to the other provisions of this Chapter, C&DRFs shall be designed in accordance with the
following:
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(a)
Contents of Plans - The engineering plans shall include a detailed description of the facilities
design that must address the following:
(1)
Ingress and Egress - The plans should show the flow of traffic into and out of the
facility. Separate entrances should be provided for incoming or outgoing trucks if
necessary and a separate entrance provided for employees, customers, and visitors;
(2)
Unloading and loading areas - Loading and unloading areas must be adequate in size
and design to facilitate efficient loading and unloading from collection vehicles and the
unobstructed movement of vehicles.
(3)
Processing, tipping, sorting and treatment areas. Such areas for incoming materials
must be located within an engineered pad having a durable surface designed for the
types of vehicle and loading activities permitted at the site. The pad shall be
maintained to prevent rutting and ponding of water.
(4)
Weighing or measuring all solid waste accepted at the facility and residue, bypass
waste and recyclables recovered and identification of the means to accomplish same;
(5)
Sufficient storage areas for the incoming solid waste;
(6)
Exhaust systems may be required for enclosed areas;
(7)
Truck and wheel curbs provided to prevent backing into pits while unloading;
(8)
Identification of the types of materials to be stored and the location(s) of temporary onsite storage areas;
(9)
Adequate storage capacity is required at the facility for all waste handled and for those
recyclables that will be stored before being removed; and
(10)
If the facility is equipped with mechanical processors, a design that must maximize
worker safety and be capable of minimizing the potential for, and the effects from,
explosions.
(11)
Adequate facilities and equipment shall be provided for the periodic washdown of all
processing, tipping, sorting, storage and compaction areas. Floor drains, collection
troughs, curbs, drainage breaks, or other suitable drainage structures shall be provided
as needed to collect and route all wash down water and other liquids from the
processing, tipping, sorting, storage and compaction areas to a sanitary sewer or
permitted on-site facilities for treatment
(b)
Contents of Specifications - Specifications must include any features of the construction and
operation which are not described in other sections of this Chapter. Also included with the
specifications should be any applicable design calculations that were used to calculate storage
capacities, process volumes, system capacities, etc.
(c)
Contents of Engineering Narrative - An engineering narrative shall be furnished that describes the
facility design including:
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(d)
(1)
How the facility design meets the requirements of this Chapter; and
(2)
A description of the overall operation and a functional description of all processing
equipment to be used, with design criteria and anticipated performance. There must be
sufficient description in the narrative to understand the flow of solid waste and the
associated operations when considering the recyclables handling and recovery facility
as a whole.
On-site Roads - On-site roads must be passable by loaded collection and transfer vehicles in all
weather conditions.
Reg.22.1007- Closure And Financial Assurance
(a)
Financial Assurance Requirements - Owners and operators of permitted C&DRF’s shall post
financial assurance in accordance with the requirements of this regulation if required by the Director.
In considering whether the financial assurance will be required, the Director may consider:
(1)
The size of the facility and the risk of environmental contamination;
(2)
The relative risk of the owner or operator to become financially incapacitated to the point
that 150% of the maximum permitted amount of all solid waste, recyclable materials and
recovered material ever stored on site at one time can be transported to another facility, or
if that is not practicable, disposed of by landfilling in a permitted Class 4 landfill by a
third party.
(b)
Use of Financial Assurance Funds - Financial assurance funds may be used, as determined by the
Director, for any reasonable purpose to remediate and mitigate any environmental, health, and safety
hazards at the site should the owner or operator be unable or unwilling to fulfill the permit
obligations of this Regulation.
(c)
Financial Assurance Mechanisms - Owners or operators required by the Director to post financial
assurance shall choose an acceptable financial assurance mechanism from those listed in
Reg.22.1405 and maintain the financial assurance until site closure has been conducted in
accordance with the approved closure plan required under this section, or until the Director
determines that the owner or operator is not required to maintain financial assurance.
(d)
Closure Plan Requirements - Applications submitted after the effective date of this regulation shall
include a closure plan containing a schedule and description of the steps necessary to close the
facility. Included in the plan shall be a detailed estimate of the cost required for a third party to
perform the closure activities. The plan shall also include the following provisions:
(1)
An updated plan shall be submitted with the facility annual engineering report as required
by the Department;
(2)
The Department shall be notified in writing 60 days prior to the proposed termination
date of the facility;
(3)
Within 10 days of ceasing operations, all wastes shall be removed from the site and
disposed at a properly permitted disposal facility, and the facility and equipment shall be
brought to a sanitary condition. The operator shall then arrange for a final cleaning of
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any containers, equipment, machines, floors, and facility surfaces having come in contact
with source-separated solid waste. All closure activities shall be completed not later than
45 days after the termination date of facility operations unless otherwise approved by
ADEQ.
(e)
Closure Requirements - Upon termination of facility operations, owners or operators shall perform
facility closure in accordance with the requirements of this section
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Chapter 11 Geotechnical And Hydrogeological Investigations
Reg.22.1101- General Requirements
The purpose of the geotechnical and hydrogeological site investigation is to thoroughly characterize all
aspects of the property which may directly or indirectly affect the design, construction, operation or
monitoring of the solid waste containment structure.
Reg.22.1102- Class 1 And Class 3 Landfills
(a)
Applicability - The data and information required under this section shall be submitted by the
applicant, for landfills which will receive household solid waste or commercial and industrial
wastes. Class 3 landfill applicants proposing to dispose of only inert, nonputrescible Class 4
wastes shall meet the requirements of Reg.22.1104.
(b)
(c)
Facility Design - A professional geologist registered in the State of Arkansas must determine
through surface mapping, field borings and/or existing published information the local and site
specific geology and structure of the study area. This includes an evaluation of the
geomorphology, stratigraphy, geologic structure, hydrogeology and soil characteristics of the site.
(1)
A conceptual hydrogeologic model of the site must be developed. All characterization
studies must be integrated into a comprehensive geologic model which accurately
describes and explains the site hydrogeology. The model must be of sufficient detail to
base the design and be used as a predictive tool for potential contaminant migration,
and serve as a basis for corrective actions.
(2)
Geotechnical characterization of the materials on the site must be clearly demonstrated.
All information required to base the design and operation of large load bearing waste
containment structures must be included.
(3)
Monitoring well location and design - The facility monitoring plan must be capable of
detecting landfill derived water chemistry changes as soon as possible.
Site Characterization - The site specific geology shall be defined through field investigations. A
site characterization work plan outlining the initial investigations to be performed shall be
submitted for Department approval prior to beginning the work. Additional studies and
investigations may be required based on the findings of the initial investigation.
The work plan must include the following studies, as appropriate:
(1)
(2)
Aerial photograph analysis of the study area to determine:
(i)
Fracture traces and fracture orientation;
(ii)
Sedimentary features; and
(iii)
Depositional features.
Detailed surface geologic mapping of the site and the area within 1/2 mile of the
property boundary including:
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(i)
Surface stratigraphy;
(ii)
Structural features;
(iii)
Springs and seeps; and
(iv)
Domestic, agricultural and municipal water wells.
(3)
A surface geophysical study to determine changes in soil type, stratigraphic changes,
sedimentary features and bedrock topography, utilizing one or more of the following
methods:
(i)
Electromagnetic;
(ii)
Resistivity;
(iii)
Seismic refraction;
(iv)
Ground penetrating radar; or
(v)
Any other method approved by the Department.
(4)
A subsurface exploration program utilizing borings and test pits must be conducted on
the site. Borings must be at a minimum spacing of one per five acres. Stratigraphically
or structurally complex sites will require additional borings or test pits. The following
information must be obtained from the study:
(i)
Thickness and areal extent of each distinct lithologic unit;
(ii)
Depth to bedrock and bedrock topography;
(iii)
Rock quality designation and percent core recovery;
(iv)
Fracture density, width and orientation;
(v)
Bit drops and loses or gains in drilling fluid;
(vi)
Geophysical logs of holes including one or more of the following methods:
(A)
Conductivity;
(B)
Resistivity;
(C)
Natural Gamma;
(D)
Caliper; and
(E)
Any other method approved by the Department.
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(5)
The hydrogeology of the proposed landfill site must be explored through the
installation of piezometers. The following information must be obtained through
physical tests:
(i)
Water table or potentiometric surface;
(ii)
Ground water flow directions;
(iii)
Hydraulic conductivities for hydraulically significant units;
(iv)
Vertical and horizontal hydraulic gradients;
(v)
Hydraulic communication between units based upon pump tests using appropriate
methodology for the aquifer and utilizing multiple observation wells;
(vi)
Ground water flow velocity; and
(vii)
Ambient ground water chemistry for the detection monitoring parameters;
(6)
Each distinct textural horizon must be classified using the Classification of Soils For
Engineering purposes (ASTM D-2487) and characterized using the most recent
versions of the following physical tests where appropriate:
(i)
Atterberg limits (ASTM D-4318);
(ii)
Standard penetration test (ASTM D 1586 & 1452);
(iii)
Sieve analysis (ASTM D-1140 & D-422);
(iv)
Dry density, hydraulic conductivity/molding water content (%) relationship;
(v)
Remolded hydraulic conductivity (ASTM 5084);
(vi)
Unconsolidated, undrained shear strength of soils (ASTM 2850);
(vii)
Standard Proctor density (ASTM D 698);
(viii) Moisture-density relations of soils and aggregates (ASTM 1557);
(d)
(ix)
One dimensional consolidation properties of soils (ASTM D 2435);
(x)
One dimensional swell or settlement (ASTM D 4546); and
(xi)
Moisture content of soils (ASTM 2216).
Summary Report - All individual studies must be integrated into a comprehensive hydrogeologic
model which is summarized in a written report and certified by a qualified ground water scientist.
Recommended ground water monitoring points must be included and the locations based upon the
site hydrogeologic model and facility design. All maps and cross sections included in the written
report must be of a uniform scale and should include the following:
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(e)
(1)
A geologic map of the study area;
(2)
Boring locations;
(3)
Geophysical data collection points;
(4)
Water table or potentiometric maps;
(5)
Isopach maps of relevant units;
(6)
Bedrock topography where appropriate;
(7)
Geologic cross sections with the following information overlain:
(i)
Stratigraphy;
(ii)
Maximum depth of excavation for the containment structure;
(iii)
Water table and or potentiometric surface from water levels;
(iv)
Lithologic logs of boreholes with physical properties test results;
(v)
Geophysical logs of boreholes;
(vi)
Screened intervals in piezometers;
(vii)
Aquifer test results indicated at the appropriate screened interval;
Boone-St. Joe Aquifer Of Northern Arkansas - Proposed landfills located within the outcrop area
of the Boone or St. Joe Formations of Northern Arkansas, which will receive municipal solid waste
or waste with a high potential for adversely impacting surface or ground water quality (Class 1 or
Class 3), may be required to perform additional studies (i.e., in addition to the requirements under
Reg.22.1101, Reg.22.1102(a) through (d) and (f), and Reg.22.1103) in order to adequately
characterize the site. At a minimum, the additional studies will include:
(1)
A detailed surface mapping of all karst features including, but not limited to, sinkholes,
springs, loosing stream segments, caves, and dolines;
(2)
A subsurface exploration program which consists of core drilling at a minimum spacing
of one boring per one acre;
(3)
A down-hole video log and/or a geophysical log, obtained by one of the methods under
Reg.22.1102(c)(4)(vi), must be conducted for each boring; and
(4)
A ground water dye trace study shall be performed to test the accuracy of the sites
conceptual hydrogeologic model. The dye study methodology must be approved by the
Department and shall consists of a sufficient number of monitoring locations, which
will include wells/piezometers, streams, and springs.
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(f)
Class 3 Waste and Site Characterization - The site characterization and facility design
requirements for Class 3 landfills are dependant upon the potential for the waste to adversely
impact surface or ground water quality. In the absence of actual leachate data, each waste stream
proposed to be placed into the landfill must be characterized with the Synthetic Rainfall Leaching
Procedure (SW-846 Method 1312). The purpose of this test method is to assess the leachate
properties of a waste under conditions approximating a natural setting. The ground water
standards set forth in Appendix 3 and Reg.22.523, and the surface water standards of Regulation
Number 2 of the Pollution Control and Ecology Commission shall be utilized as indicators of the
pollution potential of the specific waste stream.
(1)
If one or more of the ground water standards are exceeded in the leachate or synthetic
rainfall leaching procedure analytical results, the minimum site characterization
requirements as described herein for Class 1 landfills shall be met. Facility design shall
be in conformance with Reg.22.524(f)(1) or Reg.22.424 as determined by the waste and
leachate characteristics.
(2)
If the results of the leachate or synthetic rainfall leaching procedure analytical results,
and waste characteristics indicate the waste has a low potential for adversely impacting
surface or ground water quality, the minimum site characterization requirements as
described herein for Class 4 landfills shall be met. Facility design shall be in
conformance with Reg.22.524 or Reg.22.532 as applicable and Reg.22.621.
Reg.22.1103- Monitoring Well Construction
(a)
Monitor Well Construction - Monitor wells shall be constructed of materials which are resistant to
chemical and physical degradation, which will not interfere with ground water quality, and which
meet the requirements of Section 5.7 of Solid Waste Disposal Facility Criteria, Technical Manual,
EPA 530-R-93-017, November 1993 or ASTM D 5092-90 Design and Installation of Ground Water
Monitoring Wells in Aquifers. Alternate methods of well construction, installation or development
must be specifically approved by the Solid Waste Management Division. Following construction,
each well shall be developed to the degree necessary to restore formation hydraulic conductivity and
insure low turbidity samples which are representative of formation ground water quality.
Prior to sampling, turbidity values shall be allowed to stabilize to a level, which is representative of
ambient water quality in the formation. If during background or routine sampling, the turbidity
values consistently remain above 10 NTU’s, a qualified groundwater scientist shall evaluate the
integrity of the well, redevelop the well if necessary and/or provide written justification the turbidity
values present in the samples are representative of ambient water quality in the formation. If the
justification provided by the Permittee for the observed turbidity values is not considered valid,
and/or if the well cannot be effectively redeveloped to reduce turbidity values below 10 NTU’s,
and/or if the well is found to be unreliable for generating representative water quality samples, it
must be replaced prior to the next scheduled sampling event.
(b)
Installer Licensing and Supervision - Well installers must be licensed by the State of Arkansas and
the installation crew must be supervised in the field by a Geologist or Engineer experienced in the
installation, construction and development of monitoring wells.
(c)
Well Casings - Monitoring wells must be cased in a manner that maintains the integrity of the
monitoring well bore hole. This casing must be screened or perforated and packed with gravel or
11-5
sand, where necessary, to enable collection of ground water samples. The annular space (i.e., the
space between the bore hole and well casing) above the sampling depth must be sealed to prevent
contamination of samples and the ground water. Completed well casings should extend
approximately three feet above natural grade and must have an anodized aluminum or rust proof
external protective casing with a locking lid.
(d)
Well Numbering - Each completed well must be designated with a unique alpha-numeric label which
must be clearly fixed to the outside of the well casing.
(e)
Protection Posts - Wells which could possibly be damaged by equipment or vehicular traffic must be
protected by steel post
(f)
Department Approval - No monitor well or piezometer shall be installed, decommissioned, replaced,
repaired or otherwise altered without prior approval by the Solid Waste Management Division. Upon
completion of a well installation, replacement, decommissioning, repair or alteration, a report shall
be made to the Solid Waste Management Division and a copy placed in the facility operating record.
The work quality and methods must be certified by the supervising professional.
(g)
Monitoring Well Survey - Each completed monitoring well must be surveyed following the
guidelines under Reg.22.426. Additional to those guidelines, the survey should establish the
elevation (referenced to mean sea level) of the ground surface and the top of the casing for each well
location.
Reg.22.1104- Class 4 Landfills
(a)
Applicability - This section applies to new permits and expansions of the permitted boundaries of
all Class 4 landfills and Class 3 landfills disposing only Class 4 waste as established under
Reg.22.1102.
(b)
General Groundwater Separation Requirements Applicants shall demonstrate that the top of any
bottom liner system will be located five (5) feet above the seasonal high water table surface, and
within a soil or geologic unit with an insitu hydraulic conductivity of 1 x 10-5 cm/sec or less, or that
an appropriate containment structure has been provided. in accordance with Reg.22.621(c).
(c)
Yard Waste Facilities Groundwater Separation - Applicants for composting facilities that compost
only yard, paper and wood waste shall demonstrate that the containment structures will be located
two (2) feet above the seasonal high water table surface and within a soil or geologic unit with an
insitu hydraulic conductivity of 1 x 10-5 cm/sec or less, or that an appropriate containment structure
has been provided.
(d)
Bedrock Separation - Including consideration of any liner system that may be provided in the facility
design, waste shall not be placed within two (2) feet of the bedrock surface.
(e)
Site Characterization - The following site characterization information must be obtained:
(1)
Test pits and/or borings must be used to demonstrate the depth and site stratigraphy to a
depth of no less than ten feet below the bottom of the containment structure. The
excavations (i.e., test pits, borings, etc.) shall be at a minimum spacing of one per five acres.
11-6
(2)
(3)
Representative samples of each distinct soil textural unit must be collected and characterized
with the following tests:
(i)
Sieve analysis (ASTM D-1140 and D-422), and
(ii)
Atterburg limits (ASTM D-4318)
Soil hydraulic conductivity tests shall be determined using undisturbed soil samples or an
Insitu test utilizing an acceptable methodology.
11-7
Chapter 12 Ground Water Monitoring And Corrective Action
Reg.22.1201- Applicability
(a)
Applicability - The requirements of this Chapter apply to Class 1 landfills, Class 3 landfills and
other facilities that may be required by the Director to monitor ground water quality according to
the provisions of this Chapter.
(b)
(c)
(1)
Owners or operators of Class 1 landfills shall comply with the ground water monitoring
requirements of this part in accordance with the schedule specified in paragraph (b) or
an alternative schedule as specified in paragraph (c).
(2)
Owners or operators of Class 3 landfills must comply with the ground water monitoring
requirements of this part as the permit is re-issued or modified as described in
Reg.22.309 but not later than May 7, 1998.
(3)
Owners or operators of Class 4 landfills and Class 3 landfills that dispose of only Class
4 type waste will be exempt from the requirements of this Chapter unless otherwise
required under Reg.22.621(e).
Class 1 Compliance Schedule - Owners and operators of Class 1 landfills must comply with the
ground water monitoring requirements of this part according to the following schedule unless an
alternative schedule is specified under paragraph (c) of this section:
(1)
Existing landfills and lateral expansions less than one mile from a drinking water intake
(surface or subsurface) must be in compliance with the ground-water monitoring
requirements specified in Reg.22.1202 – Reg.22.1208 by October 9, 1995;
(2)
Existing landfills and lateral expansions greater than one mile from a drinking water intake
(surface or subsurface) must be in compliance with the ground-water monitoring
requirements specified in Reg.22.1202 – Reg.22.1208 by October 9, 1996.
(3)
New landfills must be in compliance with the ground-water monitoring requirements
specified in Reg.22.1202 – Reg.22.1208 before waste can be placed in the unit.
Class 1 Alternative Compliance Schedule - The Director may specify an alternative schedule for the
owners or operators of existing Class 1 landfills and lateral expansions to comply with the groundwater monitoring requirements specified in Reg.22.1202 - Reg.22.1208. This schedule must ensure
that 50 percent of all existing landfills are in compliance by October 9, 1994 and all existing landfills
are in compliance by October 9, 1996. In setting the compliance schedule, the Director must
consider potential risks posed by the unit to human health and the environment. The following
factors should be considered in determining potential risk:
(1)
Proximity of human and environmental receptors;
(2)
Design of the landfill;
(3)
Age of the landfill;
(4)
The size of the landfill;
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(5)
Types and quantities of wastes disposed including sewage sludge; and
(6)
Resource value of the underlying aquifer, including:
(i)
Current and future uses;
(ii)
Proximity and withdrawal rate of users; and
(iii)
Ground-water quality and quantity.
(d)
Monitoring for Life of Facility - Once established at a landfill, ground-water monitoring shall be
conducted throughout the active life and post-closure care period of that landfill as specified in
Chapter 13.
(e)
Waiver or Suspension - Ground water monitoring requirements under Reg.22.1202 through
Reg.22.1207 may be suspended by the Director for a landfill if the owner or operator can
demonstrate that there is no potential for migration of hazardous constituents from that landfill to the
uppermost aquifer during the active life of the unit and the post-closure care period. This
demonstration must be certified by a qualified ground water scientist and approved by the Director,
and must be based upon:
(1)
Site-specific field collected measurements, sampling, and analysis of physical, chemical, and
biological processes affecting contaminant fate and transport, and
(2)
Contaminant fate and transport predictions that maximize contaminant migration and
consider impacts on human health and environment.
(f)
Qualified Ground Water Scientist - For the purposes of this subpart, a qualified ground water
scientist is ascientist, geologist or engineer who has received a baccalaureate or post-graduate
degree in the natural sciences, and is registered in the State of Arkansas. A qualified ground water
scientist must have sufficient training and experience in geology, geohydrology or ground water
hydrology that enable that individual to make sound professional judgements regarding ground water
monitoring, contaminant fate and transport, and corrective action.
(g)
Alternative Compliance Schedules - The Director may establish alternative schedules for
demonstrating compliance with Reg.22.1202 (e), pertaining to notification of placement of
certification in operating record; Reg.22.1204(c)(1), pertaining to notification that statistically
significant increase (SSI) notice is in operating record; Reg.22.1204(c)(2) and (3), pertaining to an
assessment monitoring program; Reg.22.1205(b), pertaining to sampling and analyzing appendix 2
constituents; Reg.22.1205(d)(1), pertaining to placement of notice (appendix 2 constituents
detected) in record and notification of notice in record; Reg.22.1205(d)(2), pertaining to sampling
for appendix 1 and 2 to this part; Reg.22.1205(g), pertaining to notification (and placement of
notice in record) of SSI above ground water protection standard; Reg.22.1205(g)(1)(iv) and
Reg.22.1206(a), pertaining to assessment of corrective measures; Reg.22.1207(a), pertaining to
selection of remedy and notification of placement in record; Reg.22.1208(c)(4), pertaining to
notification of placement in record, and Reg.22.1208(f), pertaining to notification of placement in
record (certification of remedy completed.
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Reg.22.1202- Ground Water Monitoring Systems
(a)
Applicability - As provided in Reg.22.1201(a), a ground water monitoring system must be installed
that consists of a sufficient number of wells, installed at appropriate locations and depths, to yield
ground-water samples from the uppermost aquifer (as defined in . Reg.22.102) that:
(1)
(2)
(b)
(c)
Represent the quality of background ground water that has not been affected by leakage from
a unit. A determination of background quality may include sampling of wells that are not
hydraulically up gradient of the waste management area where:
(i)
Hydrogeologic conditions do not allow the owner or operator to determine what wells
are hydraulically up gradient; or
(ii)
Sampling at other wells will provide an indication of background ground water
quality that is as representative or more representative than that provided by the
upgradient wells; and
Represent the quality of ground water passing the relevant point of compliance specified by
Director under Reg.22.424(d). The downgradient monitoring system must be installed at the
relevant point of compliance specified by the Director under Reg.22.424(d) that ensures
detection of ground water contamination in the uppermost aquifer. When physical obstacles
preclude installation of ground water monitoring wells at the relevant point of compliance at
existing units, the downgradient monitoring system may be installed at the closest practicable
distance hydraulically downgradient from the relevant point of compliance specified by the
Director under Reg.22.424(d) that ensures detection of ground water contamination in the
uppermost aquifer.
Multi-Unit Monitoring - The Director may approve a multi-unit ground water monitoring system
instead of separate ground water monitoring systems for each landfill when the facility has several
units, provided the multi-unit ground water monitoring system meets the requirement of
Reg.22.1201 and will be as protective of human health and the environment as individual monitoring
systems for each landfill, based on the following factors:
(1)
Number, spacing, and orientation of the landfill units;
(2)
Hydrogeologic setting;
(3)
Site history;
(4)
Engineering design of the landfills, and
(5)
Type of waste accepted at the landfills.
Well Construction and Decommissioning Requirements - Monitoring wells must be constructed in
accordance with Reg.22.1103.
(1)
The owner or operator must notify the Director that the design, installation, development, and
decommission of any monitoring wells, piezometers and other measurement, sampling, and
analytical devices documentation has been placed in the operating record; and
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(2)
(d)
(e)
The monitoring wells, piezometers, and other measurement, sampling, and analytical devices
must be operated and maintained so that they perform to design specifications throughout the
life of the monitoring program.
Site-Specific Design - The number, spacing, and depths of monitoring systems shall be determined
based upon site-specific technical information developed in accordance with the requirements of
Chapter 11 that must include thorough characterization of:
(1)
Aquifer thickness, ground-water flow rate, ground-water flow direction including seasonal
and temporal fluctuations in ground-water flow; and
(2)
Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer,
materials comprising the uppermost aquifer, and materials comprising the confining unit
defining the lower boundary of the uppermost aquifer; including, but not limited to:
thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities and effective
porosities.
Certification - The ground water monitoring system must be certified by a qualified ground water
scientist or approved by the Director. Within fourteen (14) days of this certification, the owner or
operator must notify the Director that the certification has been placed in the operating record.
Reg.22.1203- Ground Water Sampling And Analysis Requirements
(a)
Consistency of Procedures - The ground water monitoring program must include consistent sampling
and analysis procedures that are designed to ensure monitoring results that provide an accurate
representation of ground water quality at the background and downgradient wells installed in
compliance with Reg. 22.1202(a). The owner or operator must notify the Director that the sampling
and analysis program documentation has been placed in the operating record and the program must
include procedures and techniques for:
(1)
Sample collection;
(2)
Sample preservation and shipment;
(3)
Analytical procedures;
(4)
Chain of custody control; and
(5)
Quality assurance and quality control.
(b)
Sampling and Analytical Methods - The ground water monitoring program must include sampling
and analytical methods that are appropriate for ground water sampling and that accurately measure
Appendix 1 parameters in ground water samples as specified in Reg.22.1204(d). Ground water
samples shall not be field-filtered prior to laboratory analysis. Analytical methods utilized should
conform SW-486 or the most current EPA approved analytical method. Primary Drinking Water
Standard MCL’s shall be superceded by the publication of new standards from EPA.
(c)
Environmental Protection - The sampling procedures and frequency must be protective of human
health and the environment.
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(d)
Determination of Groundwater Flow - Ground water elevations must be measured in each well
immediately prior to purging, each time ground water is sampled. The owner or operator must
determine the rate and direction of ground water flow each time ground water is sampled. Ground
water elevations in wells which monitor the same waste management area must be measured within
a period of time short enough to avoid temporal variations in ground water flow which could
preclude accurate determination of ground water flow rate and direction.
(e)
Background Water Quality - The owner or operator must establish background ground water quality
in each hydraulically up gradient or background well and the downgradient wells for each of the
monitoring parameters or constituents required in the particular ground water monitoring program
that applies to the landfill, as determined under Reg. 22.1204(a), or Reg.22.1205(a) for Class 1
landfills or as determined under Reg.22.523 and Reg. 22.524 for Class 3 and other facilities required
to monitor ground water quality. Background ground water quality may be established at wells that
are not located hydraulically up gradient from the landfill if it meets the requirements of Reg.
22.1202(a)(1) . Background ground water quality is determined through the collection of, at a
minimum, four (4) independent samples from each well (background and downgradient). To
account for seasonal and temporal variations, each sample shall be collected quarterly unless another
frequency has been approved by the Director.
(f)
Conformance with Statistical Procedures - The number of samples collected to establish ground
water quality data must be consistent with the appropriate statistical procedures determined pursuant
to paragraph (g) of this section. The sampling procedures shall be those specified under Reg.
22.1204(b) for detection monitoring, Reg. 22.1205(b) and (d) for assessment monitoring, and Reg.
22.1206(b) of corrective action.
(g)
Statistical Method Selection - The owner or operator must specify in the operating record one of the
following statistical methods to be used in evaluating ground water monitoring data for each
constituent. The statistical test chosen shall be conducted separately for each constituent in each
well.
(1)
A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures
to identify statistically significant evidence of contamination. The method must include
estimation and testing of the contrasts between each compliance well's mean and the
background mean levels for each constituent.
(2)
An analysis of variance (ANOVA) based on ranks followed by multiple comparisons
procedures to identify statistically significant evidence of contamination. The method must
include estimation and testing of the contrasts between each compliance well's median and
the background median levels for each constituent.
(3)
A tolerance or prediction interval procedure in which an interval for each constituent is
established from the distribution of the background data, and the level of each constituent in
each compliance well is compared to the upper tolerance or prediction limit.
(4)
A control chart approach that gives control limits for each constituent.
(5)
Another statistical test method that meets the performance standards of Reg. 22.1203(h). The
owner or operator must place a justification for this alternative in the operating record and
12-5
notify the Director of the use of this alternative test. The justification must demonstrate that
the alternative method meets the performance standards of Reg. 22.1203(h).
(h)
(6)
In the event recommended EPA guidance changes, the statistical method selection should
follow current EPA guidance directives.
(7)
The most current statistical methods as recommended in EPA guidance publications.
Statistical Method Selection Criteria - Any statistical method chosen under Reg. 22.1203(g) shall
comply with the following performance standards, as appropriate:
(1)
The statistical method used to evaluate ground water monitoring data shall be appropriate for
the distribution of chemical parameters or hazardous constituents. If the distribution of the
chemical parameters or hazardous constituents is shown by the owner or operator to be
inappropriate for a normal theory test, then the data should be transformed or a distributionfree theory test should be used. If the distributions for the constituents differ, more than one
statistical method may be needed.
(2)
If an individual well comparison procedure is used to compare an individual compliance well
constituent concentration with background constituent concentrations or a ground water
protection standard, the test shall be done at a Type I error level no less than 0.01 for each
testing period. If a multiple comparisons procedure is used, the Type I experiment wise error
rate for each testing period shall be no less than 0.05; however, the Type I error of no less
than 0.01 for individual well comparisons must be maintained. This performance standard
does not apply to tolerance intervals, prediction intervals, or control charts.
(3)
If a control chart approach is used to evaluate ground water monitoring data, the specific type
of control chart and its associated parameter values shall be protective of human health and
the environment. The parameters shall be determined after considering the number of
samples in the background data base, the data distribution, and the range of the concentration
values for each constituent of concern.
(4)
If a tolerance interval or a prediction interval is used to evaluate ground water monitoring
data, the levels of confidence and, for tolerance intervals, the percentage of the population
that the interval must contain, shall be protective of human health and the environment.
These parameters shall be determined after considering the number of samples in the
background data base, the data distribution, and the range of the concentration values for
each constituent of concern.
(5)
The statistical method shall account for data below the limit of detection [i.e., the method
detection limit (MDL) as specified in Reg.22.1204(d) of this part] with one or more statistical
procedures that are protective of human health and the environment. A facility should report
values between the Method Detection Limit (MDL) and Practical Quantitation Limit (PQL)
but only utilize values reported above the PQL in the statistics. Any PQL or MDL that is
used in the statistical method shall be the lowest concentration level that can be reliably
achieved within specified limits of precision and accuracy during routine laboratory
operating conditions using current laboratory standards. All verifiable, positive detections
above the constituent practical quantitation limit (PQL) must be reported and included in the
statistical analysis.
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(6)
(i)
(j)
If necessary, the statistical method shall include procedures to control or correct for seasonal
and spatial variability as well as temporal correlation in the data.
Determination of Statistically Significant Increase or Decrease- The owner or operator must
determine whether or not there is a statistically significant increase or decreaseover background
values for pH. The owner or operator must determine whether or not there is a statistically
significant increase for each parameter or constituent required in the particular ground water
monitoring program that applies to the landfill, as determined under Reg. 22.1204(a) or Reg.
22.1205(a).
(1)
In determining whether a statistically significant increase has occurred, the owner or operator
must compare the ground water quality of each parameter or constituent at each monitoring
well designated pursuant to Reg. 22.1202(a)(2) to the background value of that constituent,
according to the statistical procedures and performance standards specified under paragraphs
(g) and (h) of this section.
(2)
Within a reasonable period of time after completing sampling and analysis, the owner or
operator must determine whether there has been a statistically significant increase compaired
to the background at each monitoring well. The owner or operator shall notify the
Department in writing of statistically significant increases in detection monitoring water
chemistry parameters.
Sampling and Analysis Plans - Owners or operators shall develop and implement a Department
approved site specific written sampling and analysis plan. The sampling and analysis plan and all
reports to ADEQ required under the sampling and analysis plan shall be certified by a qualified
ground water scientist. The sampling and analysis plan must include the following elements:
(1)
Detailed procedures used to collect reliable samples from the ground water monitoring
system including:
(i)
Equipment to be used to maintain a clean working area;
(ii)
Equipment utilized to purge wells and to extract samples from wells;
(iii)
Purge volumes and methods utilized to calculate purge volumes;
(iv)
Sample extraction procedures and containerization of samples;
(v)
Sample container labeling;
(vi)
Sample chain of custody procedures;
(2)
Laboratory analytical procedures;
(3)
Sample collection and laboratory quality assurance/quality control procedures;
(4)
Ground water analytical data submittal procedures, which shall include provisions for the
direct submittal of all analytical results from the contract, or independent third party
laboratory to the Department;
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(k)
(5)
A method for statistically evaluating ground water analytical data for significant changes
must be selected. The method must be tailored to fit the hydrogeology of the site. For data
quality assurance purposes, the statistical evaluation should be performed by a third party
independent from the contract laboratory analyzing the ground water;
(6)
Department notification procedures in the event that statistically significant increases in
analytes are noted;
(7)
A contingency plan must be developed which outlines the procedures to initiate an
assessment monitoring program once confirmed statistically significant increases in analyte
concentrations have been detected and the Solid Waste Division has been notified;
Ground Water Monitor Reporting - The owner or operator of a Class 1 or 3 facility shall submit to
the Director a Ground Water Monitoring Report prepared and certified by a qualified ground water
scientist which contains a determination of the direction of ground water flow across the site based
on water level measurements taken during the most recent sampling event at the facility and
potentiometric surface map showing the locations of the monitor wells at the site. The permittee
shall also provide a determination of the rate of ground water flow across the site. The facility must
in accordance with the approved Sampling and Analysis Plan (SAP) determine if a Statistically
Significant Increase has occurred for any constituent detected above established background
concentrations at the facility, based on the analytical results from the most recent sampling event.
The facility must provide appropriate documentation of SSI’s in the GWMR. The operator shall
analyze the monitoring data collected and provide a discussion in the GWMR on the findings and
conclusions concerning ground water quality at the facility. If an SSI is confirmed, the permittee
must notify the Department in accordance with Regulation 22.1204(c). The GWMR shall be
submitted to the SWMD within 90 days from the date of the last recorded sampling event.
Reg.22.1204- Detection Monitoring Program
(a)
Applicability - Detection monitoring is required at all ground water monitoring wells and sampling
points defined under Reg. 22.1202(a)(1) and (a)(2) of this Chapter. A detection monitoring
program must include the monitoring for the constituents listed in Appendix 1 of this regulation for
Class 1 landfills and Appendix 3 of this regulation for Class 3 landfills and other facilities where
groundwater monitoring is required.
(1)
The Director may delete any of the Appendix 1 or 3 monitoring parameters for a
landfill or other facility if it can be shown that the removed constituents are not
reasonably expected to be found in or derived from the waste contained in the unit.
(2)
The Director may establish an alternative list of inorganic indicator parameters for a
landfill, in lieu of some or all of the heavy metals (constituents 1-15 in Appendix 1 to
this part), if the alternative parameters provide a reliable indication of inorganic
releases from the Class 1 landfill to the ground water. In determining alternative
parameters, the Director shall consider the following factors:
(i)
The types, quantities, and concentrations of constituents in waste managed at the
landfill;
(ii)
The mobility, stability, and persistence of waste constituents or their reaction
products in the unsaturated zone beneath the landfill;
12-8
(3)
(b)
The detectability of indicator parameters, waste constituents, and reaction products in
the ground water; and
(iv)
The concentration or values and coefficients of variation of monitoring parameters or
constituents in the ground water background.
The Department may further modify the list of detection monitoring parameters for Class 3
and other facilities if the applicant can demonstrate that a particular constituent, or its
reaction products, can not be present within the waste to be placed into the landfill. Other
parameters of concern may be added by the Department based upon individual waste and
leachate characteristics.
Sampling Frequency - The monitoring frequency for all constituents listed in Appendix 1 or
Appendix 3 of this regulation, or in the alternative list approved in accordance with paragraph (a)(2)
of this section, shall be at least semiannual during the active life of the facility (including closure)
and the post-closure period and quarterly for Class 1 and Class 3C landfills located in the outcrop
area of the Boone and St. Joe geologic formations. Unless another sampling schedule has been
approved by the Director, a minimum of four (4) quarterly samples from each well (background and
downgradient) must be collected and analyzed for the Appendix 1 or Appendix 3 constituents as
applicable, or the alternative list approved in accordance with paragraph (a)(2) of this section, during
the first year of ground water sampling. At least one sample from each well (background and
downgradient) must be collected and analyzed during subsequent semiannual sampling events
following the establishment of background ground water quality as required under Reg.22.1203(e).
(1)
(c)
(iii)
The Director may specify an appropriate alternative frequency for repeated sampling and
analysis for Appendix 1 or Appendix 3 constituents, or the alternative list approved in
accordance with paragraph (a)(2) of this section, during the active life (including closure) and
the post-closure care period. The alternative frequency during the active life (including
closure) shall be no less than annual. The alternative frequency shall be based on
consideration of the following factors:
(i)
Lithology of the aquifer and unsaturated zone;
(ii)
Hydraulic conductivity of the aquifer and unsaturated zone;
(iii)
Ground water flow rates;
(iv)
Minimum distance between up gradient edge of the Class 1 landfill and downgradient
monitoring well screen (minimum distance of travel); and
(v)
Resource value of the aquifer.
Detection of Statistically Significant Increase - If the owner or operator determines, pursuant to Reg.
22.1203(g), that there is a statistically significant increase (or decrease for pH) over background for
one or more of the constituents listed in Appendix 1 or Appendix 3 of this regulation, or in the
alternative list approved in accordance with paragraph (a)(2) of this section, at any monitoring well
at the boundary specified under Reg. 22.1202(a)(2), the owner or operator:
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(1)
Must, within fourteen (14) days of this finding, place a notice in the operating record
indicating which constituents have shown statistically significant changes from background
levels, and notify the Director that this notice was placed in the operating record; and
(2)
Must establish an assessment monitoring program meeting the requirements of Reg. 22.1205
within ninety (90) days except as provided for in paragraph (c)(3) of this section.
(3)
The owner or operator may demonstrate that a source other than a landfill caused the
contamination or that the statistically significant increase resulted from error in sampling,
analysis, statistical evaluation, or natural variation in ground water quality. A report
documenting this demonstration must be certified by a qualified ground water scientist or
approved by the Director and be placed in the operating record. If a successful
demonstration is made and documented, the owner or operator may continue detection
monitoring as specified in this section. If, after ninety (90) days, a successful demonstration
is not made, the owner or operator must initiate an assessment monitoring program as
required in Reg. 22.1205. . A flow chart (Figure 12-1), presenting the applicable
requirements of the assessment monitoring program, can be found at the end of this chapter.
(d)
Test Methods and Detection Limits - Only Department approved test methods shall be used in the
analysis of ground water monitoring parameters. Unless written approval is granted by the
Department, the reporting detection limit (MDL) must be less than or equal to the values reported in
EPA Report SW-846 Test Methods For Evaluating Solid Waste third edition, November 1986, as
revised December 1987, or current available edition. Volatile organic compound analysis shall be in
accordance with Method 8260 while metal analysis shall be in accordance with method 6010 or a
method from the 7000 series. The following inorganic parameters must also be analyzed for in each
sample: chloride, total dissolved solids, sulfate, total organic carbon, pH, specific conductance, iron,
and manganese.
(e)
Sampling and Analysis Plans - Owners or operators shall develop and implement a Department
approved, site specific written sampling and analysis plan. The sampling and analysis plan must
include the following elements:
(1)
(2)
Detailed procedures used to collect reliable samples from the ground water monitoring
system including:
(i)
Equipment to be used to maintain a clean working area;
(ii)
Equipment utilized to purge wells and to extract samples from wells;
(iii)
Purge volumes and methods utilized to calculate purge volumes;
(iv)
Sample extraction procedures and containerization of samples;
(v)
Sample container labeling; and
(vi)
Sample chain of custody procedures;
Laboratory analytical procedures;
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(3)
Sample collection and laboratory quality assurance/quality control procedures;
(4)
Ground water analytical data submittal procedures which shall include provisions for direct
submittal of certified analytical results electronically from the approved third-party
laboratory to the ADEQ.
(5)
A method for statistically evaluating ground water analytical data for significant changes
must be selected. The method must be tailored to fit the hydrogeology of the site. For data
quality assurance purposes, the statistical evaluation should be performed by a third party
independent form the contract laboratory analyzing the ground water.
(6)
Department notification procedures in the event that statistically significant increases in
analytes are noted;
(7)
A contingency plan must be developed which outlines the procedures to initiate an
assessment monitoring program once confirmed statistically significant increases in analyte
concentrations have been detected and the Solid Waste Division has been notified;
Reg.22.1205- Assessment Monitoring Program
(a)
Applicability - Assessment monitoring is required whenever a statistically significant increase over
background has been detected for one or more of the constituents listed in Appendix 1 for Class 1
landfills, Appendix 3 for Class 3 landfills and other facilities required to monitor groundwater, or in
an alternative list approved in accordance with Reg. 22.1204.
(b)
Assessment Monitoring Frequency - Within ninety (90) days of triggering an assessment monitoring
program, and annually thereafter, the owner or operator must sample and analyze the ground water
for all constituents identified in Appendix 2 of this part. A minimum of one sample from each
downgradient well, and any other well which contained a statistically significant increase, must be
collected and analyzed during each sampling event. For any constituent detected as the result of the
complete Appendix 2 analysis, a minimum of four (4) independent samples from each well
(background and downgradient) must be collected and analyzed to establish background for the new
constituents unless the Director approves a more appropriate background sampling scheme. All
detected constituents from the full Appendix 2 analysis and all Appendix 1 monitoring parameters
shall be referred to as the assessment monitoring constituents (AMC) list.
The Director may specify an appropriate subset of wells to be sampled and analyzed for Appendix 2
constituents during assessment monitoring. The Director may delete any of the Appendix 2
monitoring parameters for facilities if it can be shown that the removed constituents are not
reasonably expected to be in or derived from the waste contained in the unit.
(c)
Alternative Frequency - The Director may specify an appropriate alternate frequency for repeated
sampling and analysis for the full set of Appendix 2 constituents required by Reg. 22.1205(b), during
the active life (including closure) and post-closure care of the unit considering the following factors:
(1)
Lithology of the aquifer and unsaturated zone;
(2)
Hydraulic conductivity of the aquifer and unsaturated zone;
(3)
Ground water flow rates;
12-11
(d)
(4)
Minimum distance between up gradient edge of the landfill or facility and downgradient
monitoring well screen (minimum distance of travel);
(5)
Resource value of the aquifer; and
(6)
Nature (fate and transport) of any constituents detected in response to this section.
Assessment Monitoring Procedures - After obtaining the results from the initial or subsequent
sampling events required in paragraph (b) of this section, the owner or operator must:
(1)
Within fourteen (14) days, place a notice in the operating record identifying the Appendix 2
constituents that have been detected and notify the Director that this notice has been placed
in the operating record;
(2)
Within ninety (90) days, and on at least a quarterly basis thereafter, resample all wells
specified by Reg. 22.1202(a), conduct analyses for all assessment monitoring constituents
(AMC) specified in Reg.22.1205(b) and record their concentrations in the facility operating
record. At least one (1) sample from each well (background and downgradient) must be
collected and analyzed during these sampling events. Following the first year of assessment
monitoring, the Director may approve semiannual AMC sampling and analysis or an
alternative frequency as specified below.
The Director may specify an alternative monitoring frequency during the active life
(including closure) and the post closure period for the constituents referred to in this
paragraph. The alternative frequency for the AMC list during the active life (including
closure) shall be no less than annual. The alternative frequency shall be based on
consideration of the factors specified in paragraph (c) of this section;
(3)
Establish background concentrations for any constituents detected pursuant to paragraphs (b)
or (d)(2) of this section; and
(4)
Establish ground water protection standards for all constituents detected pursuant to
paragraph (b) or (d) of this section. The ground water protection standards shall be
established in accordance with paragraphs (h) or (i) of this section.
(e)
Cessation of Assessment Monitoring - If the concentrations of all assessment monitoring constituents
are shown to be at or below background values, using the statistical procedures in Reg. 22.1203(g),
for two consecutive sampling events, the owner or operator must notify the Director of this finding
and may return to detection monitoring.
(f)
Assessment Levels Below Protection Standard - If the concentrations of any assessment monitoring
constituents are above background values, but all concentrations are below the ground water
protection standard established under paragraphs (h) or (i) of this section, using the statistical
procedures in Reg.22.1203(g), the owner or operator must continue assessment monitoring in
accordance with this section.
(g)
Statistically Significant Assessment Levels - If one or more assessment monitoring constituents are
detected at statistically significant levels above the ground water protection standard established
under paragraphs (h) or (i) of this section in any sampling event, the owner or operator must, within
12-12
fourteen (14) days of this finding, place a notice in the operating record identifying the assessment
monitoring constituents that have exceeded the ground water protection standard and notify the
Director and all appropriate local government officials that the notice has been placed in the
operating record. The owner or operator also:
(1)
(2)
(h)
(i)
(i)
Must characterize the nature and extent of the release by installing additional
monitoring wells as necessary;
(ii)
Must install at least one additional monitoring well at the facility boundary in the
direction of contaminant migration and sample this well in accordance with Reg.
22.1205(d)(2);
(iii)
Must notify all persons who own the land or reside on the land that directly overlies
any part of the contaminant migration if contaminants have migrated off-site if
indicated by sampling of wells in accordance with Reg. 22.1205(g)(1); and
(iv)
Must initiate an assessment of corrective measures as required by Reg.22.1206 within
ninety (90) days; or
May demonstrate that a source other than a landfill or solid waste disposal facility caused the
contamination, or that the SSI resulted from error in sampling, analysis, statistical evaluation,
or natural variation in ground water quality. A report documenting this demonstration must
be certified by a qualified ground water scientist or approved by the Director and placed in
the operating record. If a successful demonstration is made the owner or operator must
continue monitoring in accordance with the assessment monitoring program pursuant to Reg.
.22.1205,, and may return to detection monitoring if the assessment monitoring constituents
are at or below background as specified in Reg. 22.1205(e).
Until a successful
demonstration is made, the owner or operator must comply with Reg. 22.1205(g) including
initiating an assessment of corrective measures.
Groundwater Protection Standard - The owner or operator must establish a ground water protection
standard for each assessment monitoring constituents detected in the ground water. The ground
water protection standard shall be:
(1)
For constituents for which a maximum contaminant level (MCL) has been promulgated
under Section 1412 of the Safe Drinking Water Act (codified) under 40 CFR Part 141, the
MCL for that constituent;
(2)
For constituents for which MCLs have not been promulgated, the background concentration
for the constituent established from wells in accordance with Reg. 22.1202(a)(1); or
(3)
For constituents for which the background level is higher than the MCL identified under
subparagraph (h)(1) of this section or health based levels identified under Reg. 22.1205(i)(1),
the background concentration.
Alternative Groundwater Protection Standards - The Director may establish an alternative ground
water protection standard for constituents for which MCLs have not been established. These ground
water protection standards shall be appropriate health based levels that satisfy the following criteria:
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(j)
(1)
The level is derived in a manner consistent with EPA guidelines for assessing the health
risks of environmental pollutants (51 FR 33992, 34006, 34014, 34028, September 24, 1986);
(2)
The level is based on scientifically valid studies conducted in accordance with the Toxic
Substances Control Act Good Laboratory Practice Standards (40 CFR Part 792) or
equivalent;
(3)
For carcinogens, the level represents a concentration associated with an excess lifetime
cancer risk level (due to continuous lifetime exposure) with the 1 x 10-4 to 1 x 10-6 range;
and
(4)
For systemic toxicants, the level represents a concentration to which the human population
(including sensitive subgroups) could be exposed to on a daily basis that is likely to be
without appreciable risk of deleterious effects during a lifetime. For purposes of this
subpart, systemic toxicants include toxic chemicals that cause effects other than cancer or
mutation.
Groundwater Protection Standard Criteria - In establishing ground water protection standards under
paragraph (i) of this section, the Director may consider the following:
(1)
Multiple contaminants in the ground water;
(2)
Exposure threats to sensitive environmental receptors; and
(3)
Other site-specific exposure or potential exposure to ground water.
Reg.22.1206- Assessment Of Corrective Measures
(a)
Applicability - Within ninety (90) days of finding that any of the constituents listed in Appendix 2 or
Appendix 3, as applicable, have been detected at a statistically significant level exceeding the ground
water protection standards defined under Reg.22.1205(h) or (i) of this part, the owner or operator
must initiate an assessment of corrective measures. Such an assessment must be completed within a
reasonable period of time.
(b)
Assessment Monitoring Requirement - The owner or operator must continue to monitor in
accordance with the assessment monitoring program as specified in Reg.22.1205.
(c)
Corrective Measure Assessment - The assessment shall include an analysis of the effectiveness of
potential corrective measures in meeting all of the requirements and objectives of the remedy as
described under Reg.22.1207, addressing at least the following:
(1)
The performance, reliability, ease of implementation, and potential impacts of appropriate
potential remedies, including safety impacts, cross-media impacts, and control of exposure to
any residual contamination;
(2)
The time required to begin and complete the remedy;
(3)
The costs of remedy implementation; and
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(4)
(d)
The institutional requirements such as State or local permit requirements or other
environmental or public health requirements that may substantially affect implementation of
the remedy(s).
Public Participation - The owner or operator must discuss the results of the corrective measures
assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.
Reg.22.1207- Selection Of Remedy
(a)
Corrective Measure Selection - Based on the results of the corrective measures assessment conducted
under Reg. 22.1206, the owner or operator must select a remedy that, at a minimum, meets the
standards listed in paragraph (b) of this section. The owner or operator must notify the Director,
within fourteen (14) days of selecting a remedy, a report describing the selected remedy has been
placed in the operating record and how it meets the standards in paragraph (b) of this section.
(b)
(c)
Selection Criteria - Remedies must:
(1)
Be protective of human health and the environment;
(2)
Attain the ground-water protection standard as specified pursuant to Reg.22.1205(h) or (i);
(3)
Control the source(s) of releases so as to reduce or eliminate, to the maximum extent
practicable, further releases of Appendix 2 constituents into the environment that may pose a
threat to human health or the environment; and
(4)
Comply with standards for management of wastes as specified in.Reg.22.1208(d).
Evaluation Criteria - In selecting a remedy that meets the standards of Reg.22.1207(b), the owner or
operator shall consider the following evaluation factors:
(1)
The long- and short-term effectiveness and protectiveness of the potential remedy(s), along
with the degree of certainty that the remedy will prove successful based on consideration of
the following:
(i)
Magnitude of reduction of existing risks;
(ii)
Magnitude of residual risks in terms of likelihood of further releases due to waste
remaining following implementation of a remedy;
(iii)
The type and degree of long-term management required, including monitoring,
operation, and maintenance;
(iv)
Short-term risks that might be posed to the community, workers, or the
environment during implementation of such a remedy, including potential threats
to human health and the environment associated with excavation, transportation,
and re-disposal or containment;
(v)
Time until full protection is achieved;
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(vi)
Potential for exposure of humans and environmental receptors to remaining
wastes, considering the potential threat to human health and the environment
associated with excavation, transportation, re-disposal, or containment;
(vii)
Long-term reliability of the engineering and institutional controls; and
(viii) Potential need for replacement of the remedy.
(2)
(3)
(d)
The effectiveness of the remedy in controlling the source to reduce further releases based on
consideration of the following factors:
(i)
The extent to which containment practices will reduce further releases; and
(ii)
The extent to which treatment technologies may be used.
The ease or difficulty of implementing a potential remedy(s) based on consideration of the
following types of factors:
(i)
Degree of difficulty associated with constructing the technology;
(ii)
Expected operational reliability of the technologies;
(iii)
Need to coordinate with and obtain necessary approvals and permits from other
agencies;
(iv)
Availability of necessary equipment and specialists; and
(v)
Available capacity and location of needed treatment, storage, and disposal
services.
(4)
Practicable capability of the owner or operator, including a consideration of the technical and
economic capability.
(5)
The degree to which community concerns are addressed by a potential remedy(s).
Schedule - The owner or operator shall specify as part of the selected remedy a schedule(s) for
initiating and completing remedial activities. Such a schedule must require the initiation of remedial
activities within a reasonable period of time taking into consideration the factors set forth in the
following paragraphs (d) (1-8). The owner or operator must consider the following factors in
determining the schedule of remedial activities:
(1)
Extent and nature of contamination;
(2)
Practical capabilities of remedial technologies in achieving compliance with ground-water
protection standards established under Reg. .22.1205(g) or (h) and other objectives of the
remedy;
(3)
Availability of treatment or disposal capacity for wastes managed during implementation of
the remedy;
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(4)
Desirability of utilizing technologies that are not currently available, but which may offer
significant advantages over already available technologies in terms of effectiveness,
reliability, safety, or ability to achieve remedial objectives;
(5)
Potential risks to human health and the environment from exposure to contamination prior to
completion of the remedy;
(6)
Resource value of the aquifer including:
(i)
Current and future uses;
(ii)
Proximity and withdrawal rate of users;
(iii)
Ground-water quantity and quality;
(iv)
The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituent;
(v)
The hydrogeologic characteristic of the facility and surrounding land;
(vi)
(vii)
(e)
Ground-water removal and treatment costs; and
The cost and availability of alternative water supplies.
(7)
Practicable capability of the owner or operator.
(8)
Other relevant factors.
Corrective Action Unnecessary- The Director may determine that remediation of a release of an
Appendix 1, Appendix 2, or Appendix 3 constituent from a landfill is not necessary if the owner or
operator demonstrates to the Director that:
(1)
The ground water is additionally contaminated by substances that have originated from a
source other than a landfill and those substances are present in concentrations such that
cleanup of the release from the landfill would provide no significant reduction in risk to
actual or potential receptors; or
(2)
The constituent(s) is present in ground water that:
(i)
(ii)
Is not currently or reasonably expected to be a source of drinking water; and
Is not hydraulically connected with waters to which the hazardous constituents are
migrating or are likely to migrate in a concentration(s) that would exceed the ground
water protection standards established under Reg.22.1205(h) or (i); or
(3)
Remediation of the release(s) is technically impracticable; or
(4)
Remediation results in unacceptable cross-media impacts.
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(f)
Eliminating Future Releases - A determination by the Director pursuant to paragraph (e) of this
section shall not affect the authority of the State to require the owner or operator to undertake source
control measures or other measures that may be necessary to eliminate or minimize further releases
to the ground water, to prevent exposure to the ground water, or to remediate the ground water to
concentrations that are technically practicable and significantly reduce threats to human health or the
environment.
Reg.22.1208- Implementation Of The Corrective Action Program
(a)
Corrective Action Implementation - Based on the schedule established under Reg.22.1207(d) for
initiation and completion of remedial activities the owner or operator must:
(1)
Establish and implement a corrective action ground-water monitoring program that:
(i)
At a minimum, meet the requirements of an assessment monitoring program under
Reg.22.1205;
(ii)
Indicates the effectiveness of the corrective action remedy; and
(iii)
Demonstrates compliance with ground-water protection standard pursuant to
paragraph (e) of this section.
(2)
Implement the corrective action remedy selected under Reg.22.1207.; and
(3)
Take any interim measures necessary to ensure the protection of human health and the
environment. Interim measures should, to the greatest extent practicable, be consistent with
the objectives of and contribute to the performance of any remedy that may be required
pursuant to Reg. 22.1207. The following factors must be considered by an owner or operator
in determining whether interim measures are necessary:
(i)
Time required to develop and implement a final remedy;
(ii)
Actual or potential exposure of nearby populations or environmental receptors to
hazardous constituents;
(iii)
Actual or potential contamination of drinking water supplies or sensitive
ecosystems;
(iv)
Further degradation of the ground water that may occur if remedial action is not
initiated expeditiously;
(v)
Weather conditions that may cause hazardous constituents to migrate or be
released;
(vi)
Risks of fire or explosion, or potential for exposure to hazardous constituents as a
result of an accident or failure of a container or handling system; and
(vii)
Other situations that may pose threats to human health and the environment.
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(b)
Corrective Action Ineffectiveness - An owner or operator may determine, based on information
developed after implementation of the remedy has begun or other information, that compliance with
requirements of Reg.22.1207(b) are not being achieved through the remedy selected. In such cases,
the owner or operator must implement other methods or techniques that could practicably achieve
compliance with the requirements, unless the owner or operator makes the determination under
Reg.22.1208(c).
(c)
Compliance Can Not be Achieved - If the owner or operator determines that compliance with
requirements under Reg. 22.1207(b) cannot be practically achieved with any currently available
methods, the owner or operator must:
(1)
Obtain certification of a qualified ground-water scientist or approval by the Director that
compliance with requirements under Reg.22.1207(b) cannot be practically achieved with any
currently available methods;
(2)
Implement alternate measures to control exposure of humans or the environment to residual
contamination, as necessary to protect human health and the environment; and
(3)
Implement alternate measures for control of the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures that are:
(i)
(ii)
(4)
(d)
(e)
Technically practicable; and
Consistent with the overall objective of the remedy.
Notify the Director within fourteen (14) days that a report justifying the alternative measures
prior to implementing the alternative measures has been placed in the operating record.
Corrective Action Solid Waste Management - All solid wastes that are managed pursuant to a
remedy required under Reg. 22.1207, or an interim measure required under Reg. 22.1208(a)(3), shall
be managed in a manner:
(1)
That is protective of human health and the environment; and
(2)
That complies with applicable RCRA requirements.
Corrective Action Completed - Remedies selected pursuant to Reg,22.1207 shall be considered
complete when:
(1)
The owner or operator complies with the ground-water protection standards established
under Reg.22.1205(h) or (i) at all points within the plume of contamination that lie beyond
the ground-water monitoring well system established under Reg. 22.1202(a).
(2)
Compliance with the ground-water protection standards established under Reg. 22.1205(h)
or (i) has been achieved by demonstrating that concentrations of assessment monitoring
constituents have not exceeded the ground-water protection standard(s) for a period of three
consecutive years using the statistical procedures and performance standards in Reg.
22.1203(g) and (h). The Director may specify an alternative length of time during which the
owner or operator must demonstrate that concentrations of assessment monitoring
12-19
constituents have not exceeded the ground water protection standard(s) taking into
consideration:
(i)
(ii)
Behavior characteristics of the hazardous constituents in the ground water;
(iii)
Accuracy of monitoring or modeling techniques, including any seasonal,
meteorological, or other environmental variabilities that may affect the accuracy;
and
(iv)
(3)
Extent and concentration of the release(s);
Characteristics of the ground water.
All actions required to complete the remedy have been satisfied.
(f)
Certification and Department Notification - Upon completion of the remedy, the owner or operator
must notify the Director within fourteen (14) days that a certification that the remedy has been
completed in compliance with the requirements of Reg. 22.1208(e) has been placed in the operating
record. The certification must be signed by the owner or operator and by a qualified ground-water
scientist or approved by the Director.
(g)
Release of Financial Assurance - When, upon completion of the certification, the owner or operator
determines that the corrective action remedy has been completed in accordance with the
requirements under paragraph (e) of this section, the owner or operator shall be released from the
requirements for financial assurance for corrective action under Reg. 22.1404.
12-20
Figure 12-1
FLOW CHART OF GROUNDWATER MONITORING TO CORRECTIVE ACTION
GROUNDWATER MONITORING PROGRAM
* Install Monitoring System (22.1202)
* Establish Sampling and Analysis Program (22.1203)
DETECTION MONITORING (22.1204)
* Begin Detection Monitoring of at Least a
Semi-annual Frequency
Is There a Statistically Significant Increase (SSI) of
Detection Monitoring Constituents?
YES
Provide Alternative Source Demonstration Within
90 Days of the Statistically Significant Increase.
NO
NO
Continue/Return to Detection Monitoring
Did the Landfill Cause the Increase. Yes/No?
YES
ASSESSMENT MONITORING (22.1205)
* Sample for All Appendix 2 Constituents Within 90 Days
of SSI and Annually Thereafter
Within the Next 90 Days:
* Re-sample for Detected Constituents
* Set Ground Water Protection Standards (GWPS)
* Establish Background Levels for Detected Constituents
* Continue Assessment Monitoring of at Least a
Semi-Annual Frequency
YES
Are All Detected Constituents Below Established
Background Levels for Two Consecutive Sampling Events
NO
Is There a Statistically Significant Increase in
Detected Constituents Over GWPS. Yes/No?
YES
NO
CONTINUE ASSESSMENT MONITORING
* For All Detection Monitoring and Detected Appendix 2
Constituents on at Least a Semi-Annual Frequency
* For All Appendix 2 Constituents on at Least an
Annual Frequency
* Characterize Nature and Extent of Release
* Provide Alternative Source Demonstration
* Continue Assessment Monitoring
* Initiate Corrective Action
NO
Did the Landfill Cause the Increase. Yes/No?
YES
CORRECTIVE ACTION
* Assess Corrective Measures (22.1206)
* Evaluate Corrective Measures and Select
Remediation (22.1207)
* Implement Remediation
12-21
Chapter 13 Closure And Post-Closure Care
Reg.22.1301- Closure Criteria
(a)
Landfill Cover Design - This section applies to all Class 1 landfills that accepted wastes after
October 9, 1991 and to all other Class 1, Class 3, and Class 4 landfill units in operation after May 7,
1995. Owners or operators of all landfill units must install a final cover system that is designed to
minimize infiltration and erosion. The final cover system must be comprised of an erosion layer
underlain by an infiltration layer as follows:
(1)
The infiltration layer must be comprised of a minimum of 18 inches of earthen material that
has a permeability less than or equal to the permeability of any bottom liner system or
natural subsoils present, or a permeability no greater than 1 x 10-5 cm/sec, whichever is less.
To meet this requirement, a flexible membrane liner shall be incorporated into the final
cover design where the bottom liner design includes a composite liner, and
(2)
The erosion layer must consist of a minimum 6 inches of earthen material that is capable of
sustaining native plant growth.
The final cover system requirements specified above are in addition to any daily or intermediate
cover required by this regulation, or any drainage or gas collection layers necessary for proper
performance of the cover system.
(b)
(c)
Alternative Final Cover Design - The Director may approve an alternative final cover design that
includes:
(1)
An infiltration layer that achieves an equivalent reduction in infiltration as the infiltration
layer specified in paragraph (a)(1) of this section, and
(2)
An erosion layer that provides equivalent protection from wind and water erosion as the
erosion layer specified in (a)(2) of this section.
Closure Plans - The owner or operator must prepare a written closure plan that describes the steps
necessary to close all landfill units at any point during its active life in accordance with the cover
design requirements in (a) or (b) of this section, as applicable. The closure plan, at a minimum, must
include the following information:
(1)
A description of the final cover, designed in accordance with paragraph (a) or (b) of this
section and the methods and procedures to be used to install the cover;
(2)
An estimate of the largest area of the unit ever requiring a final cover at any time during the
active life;
(3)
An estimate of the maximum inventory of wastes ever on-site over the active life of the
landfill facility; and
(4)
A schedule for completing all activities necessary to satisfy the closure criteria in this
section.
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(d)
Closure Plan Approval - The owner or operator of all Class 1, Class 3, and Class 4 landfills shall
prepare a closure plan meeting the requirements of this Chapter, place the closure plan in the
operating record, and submit the closure plan to the Department for approval with the application for
a new landfill permit or no later than:
(1)
The compliance date specified in Reg.22.103(f) for all Class 1 landfills; or
(2)
May 7, 1995 for all Class 3 and Class 4 landfills.
(e)
Notification of Closed Landfill or Completed Unit - The landfill owner or operator shall notify the
Department when the landfill or a landfill unit stops receiving wastes for disposal and place the
notice in the operating record.
(f)
Timely Initiation of Closure Required - The owner or operator must begin closure activities of each
landfill unit no later than thirty (30) days after:
1. the date on which the unit receives the known final receipt of wastes; or
2. when the unit has reached its final permitted elevations; or
3. if the unit has remaining capacity and there is a reasonable likelihood that the unit will
receive additional wastes, no later than one (1) year after the most recent receipt of wastes.
Extensions beyond the one (1) year deadline for beginning closure may be granted by the
Director if the owner or operator demonstrates that the unit has the capacity to receive additional
wastes and the owner or operator has taken and will continue to take all steps necessary to
prevent threats to human health and the environment from the unclosed unit.
(g)
Timely Completion of Closure Required - The owner or operator of all landfill units must complete
closure activities of each unit in accordance with the approved closure plan within one hundred
eighty (180) days following the beginning of closure as specified in paragraph (f) of this section.
Extensions of the closure period may be granted by the Director if the owner or operator
demonstrates that closure will, of necessity, take longer than one hundred eighty (180) days and he
has taken and will continue to take all steps to prevent threats to human health and the environment
from the unclosed unit.
(h)
Proper Grading Required - The entire site shall be graded prior to installation of the cover system so
that storm water does not run onto the landfill and so that there are no depressions in the landfill
where water can pond. Erosion control measures shall be implemented as necessary to protect the
final cover and prevent off-site sedimentation.
(i)
Site Survey - Upon completion of the final cover, the site shall be surveyed by a professional land
surveyor or professional engineer registered in the State of Arkansas to document the final elevations
of the landfill, the location of all surface improvements such as monitoring points, the site
boundaries, and the areas that received wastes. Other permanent features such as benchmarks, access
roads, buildings, gas monitoring, collection and processing systems, leachate collection, removal and
storage systems, and any run-on and run-off control systems should also be shown on the final
survey.
13-2
(j)
Recording of Land Use Restriction - Following closure of all units, the owner or operator shall
record a notation on the deed to the landfill facility property, or some other instrument that is
normally examined during title search. A copy of the file marked deed notation shall be furnished to
the Department and a copy shall be placed in the operating record. The notation on the deed must in
perpetuity notify any potential purchaser of the property of:
(1)
The past use of the land as a landfill facility;
(2)
Future land uses shall comply with Pollution Control and Ecology Commission regulations
and shall not disturb the integrity of the final cover system, the liner system, or any other
components of the containment or monitoring system ; and
(3)
In accordance with A.C.A. § 8-6-1404, it shall be unlawful for any person, partnership,
company, corporation or other entity to build, erect, or construct any house, home, or
building to be used for a residential purpose .
(4)
The land has been used for the disposal of asbestos containing waste material; and
(5)
The survey plot and record of the location and quantity of asbestos containing waste
disposed of within the disposal site required in Regulation Number 21, Arkansas Asbestos
Abatement Regulation, have been filed with the Department.
The owner or operator may request permission from the Director to remove the notation from the
deed if all wastes are removed from the facility.
(k)
Land Use Restriction Applicability - Restrictions on land uses shall apply only to the area or areas
used for the actual disposal of solid waste. The residential land use restriction shall not apply to
residential structures that were in existence and in use as of August 13, 1993 or to landfills that
stopped accepting waste for disposal prior to August 13, 1968.
(l)
Certification of Closure - Following closure of each unit, the owner or operator must furnish the
Director a certification, signed by a professional engineer registered in the State of Arkansas,
verifying that closure has been completed in accordance with the closure plan, and that this
certification has been placed in the operating record. A final closure report shall accompany the
certification that includes:
(m)
(1)
The final survey in accordance with paragraph (i);
(2)
Quality control and quality assurance data documenting proper construction and installation
of the cover system.
(3)
A copy of the deed notation required under paragraph (j).
(4)
Other information that the Department may deem necessary to making the certification
described in paragraph (h).
Department Certification of Closure - Closure must be timely and approved in writing by the
Department if the facility is to be eligible for inclusion under the Arkansas Landfill Post Closure
13-3
Trust Fund. Upon written request, the Department will inspect the site for conformance to closure
requirements. Department written certification of closure begins the post closure period.
Reg.22.1302- Post Closure Care Requirements
(a)
Applicability - The standards of this section shall apply as follows:
(b)
(c)
(1)
Class 1 landfill units that accepted waste for disposal after the compliance dates specified in
Reg. 22.103(f) shall meet all of the requirements of this section.
(2)
Class 1 landfills that stopped accepting waste for disposal prior to the compliance dates
specified in Reg. 22.103(f) and completed installation of the cover system prior to October
9, 1994 shall meet the requirements of paragraphs (b), (c), (d)(3), and (f).
(3)
Class 3 and Class 4 landfills that stop accepting waste after May 7, 1995 shall meet all of the
requirements of this section.
Post Closure Care Requirements - Following closure of each landfill unit, the owner or operator must
conduct post-closure care. Post-closure care shall be conducted for the time periods specified in
paragraph (c) of this section, and shall consist of at least the following:
(1)
Maintaining the integrity and effectiveness of any final cover, including making repairs to
the cover as necessary to correct the effects of settlement, subsidence, erosion, leachate
seepage, or other events, and preventing run-on and run-off from eroding or otherwise
damaging the final cover and maintaining cover vegetation. Vegetation shall be periodically
mowed to control the growth of undesirable vegetation that may interfere with the integrity
of the landfill cover or establishment of a perennial vegetative cover and to facilitate
inspection of the landfill cover. All cracked, eroded and uneven areas must be filled and
reseeded and ditches maintained;
(2)
Maintaining and operating the leachate collection system in accordance with the
requirements in Reg.22.429. The Director may allow the owner or operator to stop
managing leachate if the owner or operator demonstrates that leachate no longer poses a
threat to human health and the environment;
(3)
Monitoring the ground water in accordance with the requirements of Chapter 12 and
maintaining the ground water monitoring system, if applicable;
(4)
Maintaining and operating the gas monitoring system in accordance with the requirements of
Reg. 22.415;
(5)
Maintaining and operating the gas collection and processing system if applicable; and
(6)
Maintaining and operating the surface water control systems in accordance with Reg.22.419
and Reg.22.427 or until such time as a permanent erosion control measures have been
established at the site.
Post Closure Care Period - Except as provided in Reg.22.1302(c)(4), post closure care shall be
conducted for:
13-4
(d)
(1)
Thirty (30) years for Class 1 landfill units that accepted waste for disposal after the
compliance dates specified in Reg. 22.103(f);
(2)
Two (2) years for Class 1 landfills that stopped accepting waste for disposal prior to the
compliance dates specified in Reg. 22.103(f) and completed installation of the cover system
prior to October 9, 1994; and
(3)
Two (2) years for Class 3 and Class 4 landfills.
(4)
The length of the post-closure care period may be:
(i)
Decreased by the Director if the owner or operator demonstrates that the reduced
period is sufficient to protect human health and the environment and this
demonstration is approved by the Director; or
(ii)
Increased by the Director if the Director determines that the lengthened period is
necessary to protect human health and the environment.
Post Closure Care Plan - The owner or operator of all landfills must prepare a written post closure
plan that includes, at a minimum, the following information:
(1)
A description of the monitoring and maintenance activities required in (b) of this section for
each landfill unit, and the frequency at which these activities will be performed;
(2)
Name, address, and telephone number of the person or office to contact about the facility
during the post-closure period; and
(3)
A description of the planned uses of the property during the post-closure period. (e)
Post-Closure Care Plan Approval - The owner or operator of all Class 1, Class 3 and Class 4 landfills
shall prepare a post-closure care plan that meets the requirements of this section, place the post
closure care plan in the operating record, and submit the post closure care plan to the Department for
approval with the application for a new landfill permit, but no later than:
(1)
For Class 1 landfills, the compliance dates specified in Reg. 22.103(f) or by the initial
receipt of waste, whichever is later; or
(2)
For Class 3 and Class 4 landfills, prior to the completion of closure activities described in
this Chapter.
(f)
Certification of Post Closure Completion - Following completion of the post-closure care period for
each landfill unit, the owner or operator shall provide a written certification to the Director, signed
by an independent registered professional engineer, verifying that post-closure care has been
completed in accordance with the post-closure care plan and shall place the certification in the
operating record.
(g)
Phasing of Closure and Post Closure Care - Landfill sites that consist of multiple landfill units may,
with Department approval, begin the post closure care period on completed landfill units while other
landfill units at the site remain active. To qualify for phasing, landfill units must be discrete areas of
land that do not share common liner or cover systems. At sites where active disposal operations
13-5
continue, landfill units certified by the Department as in the post closure care period shall not be
eligible for inclusion in the Post Closure Trust Fund until such time as all active contiguous landfill
units are closed and certified by the Department.
(h)
Post Closure Land Uses - Post-closure use of the property shall not disturb the integrity of the final
cover, liner(s), or any other components of the containment system, or the function of the collection,
control, processing, and monitoring systems unless necessary to comply with the requirements in
these regulations.
The Director may approve any other disturbance if the owner or operator demonstrates that
disturbance of the final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the environment
Reg.22.1303- Closure Of Open Dumps And Unpermitted Facilities
(a)
Applicability - The closure of open dumps shall meet the same criteria specified in Reg. 22.1301
unless otherwise specified by the Department
(b)
Deed Notation - After Departmental approval of closure of an open dump, the owner or operator
shall cause to be recorded at the county courthouse a property use description stating that the
property was used as a dump site.
Reg.22.1304- Landfill Post-Closure Clean Up Restrictions
(a) The Landfill Post-closure Trust Fund may be used for landfill post-closure corrective
action in accordance with A.C.A. § 8-6-1001 et seq for corrective actions deemed
necessary by the Director to prevent or abate contamination of the environment from a
formerly permitted landfill which has been certified as properly closed by the department.
(b) Any expenditures in excess of $50,000.00 per site from the Landfill Post-closure Trust
Fund, for corrective action for remedy to environmental impacts of closed disposal sites
previously operated as a landfill pursuant to state law, will be prioritized and authorized
by the Commission, by adoption of a Minute Order, after addressing corrective actions
needed to address environmental impacts from permitted landfills closed properly.
13-6
Chapter 14 Financial Assurance Criteria
Reg.22.1401- Applicability And Effective Date
(a)
General - This Chapter addresses financial assurance requirements for Class 1, 3, and 4 landfill
facilities as well as solid waste processing facilities that are required to post financial assurance.
Unless otherwise noted in this section, compliance is required on the effective date of the regulation.
(b)
Landfills - The requirements of Reg. 22.1402 through Reg.22.1406 apply to the owners and
operators of all permitted Class 1, 3, and 4 landfills as provided in 40 CFR ' 258.70 except owners
or operators who are State or Federal Government Entities whose debts and liabilities are the debts
and liabilities of the State or the United States.
(c)
Processing Facilities - Owners or operators of solid waste processing facilities that are required by
the Director to post financial assurance shall select a financial assurance mechanism from those
allowable mechanisms identified in Reg.22.1405 and must comply with the provisions of
Reg.22.1406. The closure requirements of Reg.22.1402, the post-closure requirements of
Reg.22.1403 and the corrective action requirements of Reg.22.1404 do not apply to solid waste
processing facilities. Instead, the owners or operators of solid waste processing facilities must
comply with the closure requirements of:
(1)
Reg.22.810 for compost facilities;
(2)
Reg.22.907 for transfer stations; or
(3)
Reg.22.1007 for solid waste recovery facilities.
Reg.22.1402- Financial Assurance For Closure
(a)
Closure Cost Estimate - As provided in 40 CFR 258.71, the owner, or operator of all permitted
landfill facilities must have and maintain a detailed written estimate, in current dollars, of the cost of
hiring a third party to close the largest area of all permitted facilities ever requiring a final cover as
required under Reg. 22.1301(c) at any time during the active life in accordance with the closure
plan. The owner or operator shall provide the initial and updated estimates to the Director and shall
place the estimates in the operating record.
(1)
The cost estimate must equal the cost of closing the largest area of all permitted facilities
ever requiring a final cover at any time during the active life when the extent and manner of
its operation would make closure the most expensive, as indicated by its closure plan (see
Reg. 22.1301).
(2)
During the active life of the permitted facility, the owner or operator must annually adjust
the closure cost estimate for inflation.
(3)
The owner or operator must increase the closure cost estimate and the amount of financial
assurance provided under paragraph (b) of this section if changes to the closure plan or
permitted facility conditions increase the maximum cost of closure at any time during the
remaining active life.
(4)
With Department approval, the owner or operator may reduce the closure cost estimate and
the amount of financial assurance provided under paragraph (b) of this section if the cost
14-1
estimate exceeds the maximum cost of closure at any time during the remaining life of the
permitted facility. The owner or operator must provide the justification to the Director for
the reduction of the closure cost estimate and place the justification in the operating record.
(b)
Financial Assurance for Closure - The owner or operator of each permitted facility must establish
and at all times maintain financial assurance for closure of the permitted facility in compliance with
Reg. 22.1405. The owner or operator must provide continuous coverage for closure until released
from financial assurance requirements by demonstrating compliance with Reg.22.1301 (l) and (m).
Reg.22.1403- Financial Assurance For Post-Closure Care
(a)
Post-Closure Cost Estimate - As provided in 40 CFR 258.72, the owner, or operator of all permitted
landfill facilities must have a detailed written estimate, in current dollars, of the cost of hiring a third
party to conduct post-closure care for the permitted facility in compliance with the post-closure plan
developed under Reg.22.1302(c). The post-closure cost estimate used to demonstrate financial
assurance in paragraph (b) of this section must account for the total costs of conducting post-closure
care, including annual and periodic costs as described in the post-closure plan over the entire postclosure care period. The owner or operator shall provide the initial and updated estimates to the
Director and shall place the estimates in the operating record.
(1)
The cost estimate for post-closure care must be based on the most expensive costs of postclosure care during the post-closure care period.
(2)
During the active life of the permitted facility and during the post-closure care period, the
owner or operator must annually adjust the post-closure cost estimate for inflation.
(3)
The owner or operator must increase the post-closure care cost estimate and the amount of
financial assurance provided under paragraph (b) of this section if changes in the postclosure plan or permitted facility conditions increase the maximum costs of post-closure
care.
(4)
With Department approval, the owner or operator may reduce the post-closure cost estimate
and the amount of financial assurance provided under paragraph (b) of this section if the cost
estimate exceeds the maximum costs of post-closure care remaining over the post-closure
care period. The owner or operator must provide the justification to the Director for the
reduction of the closure cost estimate and place the justification in the operating record.
(b)
Financial Assurance for Post-Closure - Except as provided in paragraph (c) below, the owner or
operator of each permitted facility must establish and at all times maintain, in a manner in
accordance with Reg.22.1405, financial assurance for 100% of the costs of post-closure care as
required under Reg.22.1302. The owner or operator must provide continuous coverage for postclosure care until released from financial assurance requirements for post-closure care by
demonstrating compliance with Reg.22.1302(f).
(c)
Post Closure Trust Fund Guarantee - Owners or operators that are required by law to pay disposal
fees into the post closure trust fund (Generally, Class 1, Class 3C, and Class 4 landfills) may elect to
provide financial assurance in an amount not less than twenty (20) percent of estimated post-closure
maintenance costs through a financial mechanism readily negotiable by the department to cash funds
(e.g., letter of credit, surety bond, irrevocable trust, insurance, or other mechanism approved by the
department) upon default by the owner and operator of post-closure obligations.
14-2
(1)
If, after proper closure of the landfill, the department reasonably determines that the owner
or operator cannot be located or cannot otherwise satisfy, in whole or part, post-closure
maintenance obligations, the department is authorized to expend the necessary funds from
the Post-Closure Trust Fund to satisfy the requirements of state and federal law for post
closure care and to prevent or abate releases to the environment.
(2)
If the department is required to expend funds from the Post-Closure Trust Fund due to the
failure of an owner or operator to meet the requirements of this subsection, the department
shall first pursue collection and recovery of the funds by issuing an Administrative Order
notifying the owner or operator by certified mail at the last known address of the owner or
operator of the action taken by the department and the amount of funds expended from the
Fund, and that the Administrative Order may be appealed in accordance with the
Departments regulations.
(3)
Nothing contained herein shall be construed to limit the Department’s ability to pursue other
legal remedies for the recovery of Post-Closure Trust Funds expended on post closure care,
or as releasing an owner or operator from performing 100% of its post closure care
obligations under this regulation.
Reg.22.1404- Financial Assurance For Corrective Action
(a)
Corrective Action Cost Estimate - As provided in 40 CFR 258.73 an owner or operator of a
permitted facility required to undertake a corrective action program under Reg.22.1208 of this part
must have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform
the corrective action in accordance with the program required under Reg.22.1208. The corrective
action cost estimate must account for the total costs of corrective action activities as described in the
corrective action plan for the entire corrective action period. The owner or operator must provide the
cost estimate to the Director for approval and place the estimate in the operating record.
(b)
(1)
The owner or operator must annually adjust the estimate for inflation until the corrective
action program is completed in accordance with Reg.22.1208.
(2)
The owner or operator must increase the corrective action cost estimate and the amount of
financial assurance provided under paragraph (b) of this section if changes in the corrective
action program or permitted facility conditions increase the maximum costs of corrective
action.
(3)
The owner or operator may, upon approval by the Director, reduce the amount of the
corrective action cost estimate and the amount of financial assurance provided under
paragraph (b) of this section if the cost estimate exceeds the maximum remaining costs of
corrective action. The owner or operator must provide the justification for the reduction of
the corrective action cost estimate and the amount of financial assurance to the Director for
approval and place the justification and revised cost estimate in the operating record.
Financial Assurance for Corrective Action - The owner or operator of each permitted facility
required to undertake a corrective action program under Reg. 22.1208 must establish, in a manner in
accordance with Reg. 22.1405, financial assurance for the most recent corrective action program.
The owner or operator must provide continuous coverage for corrective action until released from
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financial assurance requirements for corrective action by demonstrating compliance with Reg.
22.1208(f) and (g).
Reg.22.1405- Allowable Mechanisms
As provided in 40 CFR 258.74 the mechanisms used to demonstrate financial assurance under this Chapter
must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for
known releases will be available whenever they are needed. Owners and operators must choose from the
options specified in paragraphs (a) through (j) of this section. Financial assurance required by this chapter
should be filed on forms developed and provided by the department.
(a)
Trust Fund
(1)
An owner or operator may satisfy the requirements of this section by establishing a trust
fund which conforms to the requirements of this paragraph. The trustee must be an entity
which has the authority to act as a trustee and whose trust operations are regulated and
examined by a Federal or State agency. A copy of the trust agreement must be placed in the
facility's operating record and provided to the Director for approval.
(2)
Payments into the trust fund must be made annually by the owner or operator over the term
of the initial permit or over the remaining life of the permitted facility, whichever is shorter,
in the case of a trust fund for closure or post-closure care, or over one-half of the estimated
length of the corrective action program in the case of corrective action for known releases.
This period is referred to as the pay-in period.
(3)
For a trust fund used to demonstrate financial assurance for closure and post-closure care,
the first payment into the fund must be at least equal to the current cost estimate for closure
or post-closure care, except as provided in paragraph (j) of this section, divided by the
number of years in the pay-in period as defined in paragraph (a)(2) of this section. The
amount of subsequent payments must be determined by the following formula:
Next Payment =
CE − CV
Y
where CE is the current cost estimate for closure or post-closure care (updated for inflation
or other changes), CV is the current value of the trust fund, and Y is the number of years
remaining in the pay-in period.
(4)
For a trust fund used to demonstrate financial assurance for corrective action, the first
payment into the trust fund must be at least equal to one-half of the current cost estimate for
corrective action, except as provided in paragraph (j) of this section, divided by the number
of years in the corrective action pay-in period as defined in paragraph (a)(2) of this section.
The amount of subsequent payments must be determined by the following formula:
Next Payment =
RB − CV
Y
where RB is the most recent estimate of the required trust fund balance for corrective action
(i.e., the total costs that will be incurred during the second half of the corrective action
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period), CV is the current value of the trust fund, and Y is the number of years remaining on
the pay-in period.
(b)
(5)
The initial payment into the trust fund must be made before the initial receipt of waste or
before the effective date of this section (April 9, 1997), whichever is later, in the case of
closure and post-closure care, or no later than one hundred twenty (120) days after the
corrective action remedy has been selected in accordance with the requirements of Reg.
22.1208.
(6)
If the owner or operator establishes a trust fund after having used one or more alternate
mechanisms specified in this section, the initial payment into the trust fund must be at least
the amount that the fund would contain if the trust fund were established initially and annual
payments made according to the specifications of this paragraph and (a) of this section, as
applicable.
(7)
The owner or operator, or other person authorized to conduct closure, post-closure care, or
corrective action activities may request reimbursement from the trustee for these
expenditures. Requests for reimbursement will be granted by the trustee only if sufficient
funds are remaining in the trust fund to cover the remaining costs of closure, post-closure
care, or corrective action, and if justification and documentation of the cost is placed in the
operating record. Within 30 days of disbursement, or an alternative schedule acceptable to
the Director, the trustee shall notify the Director of each reimbursement made from the trust
fund. The owner or operator shall provide a copy of the documentation of the justification
for reimbursement to the Director and place the justification for reimbursement in the
operating record.
(8)
The trust fund may be terminated by the owner or operator only if the owner or operator
substitutes alternate financial assurance as specified in this section or if he is no longer
required to demonstrate financial responsibility in accordance with the requirements of
Reg.22.1402(b), Reg.22.1403(b), or Reg.22.1404(b).
Surety Bond Guaranteeing Payment or Performance
(1)
An owner or operator may demonstrate financial assurance for closure or post-closure care
by obtaining a payment or performance surety bond which conforms to the requirements of
this paragraph. An owner or operator may demonstrate financial assurance for corrective
action by obtaining a performance bond which conforms to the requirements of this
paragraph. The bond must be effective before the initial receipt of waste or before the
effective date of this section, (April 9, 1997), whichever is later, in the case of closure and
post-closure care, or no later than one hundred twenty (120) days after the corrective action
remedy has been selected in accordance with the requirements of Reg. 22.1208. The owner
or operator shall provide the bond to the Director for approval and place a copy of the bond
in the operating record. The surety company issuing the bond must, at a minimum, be
among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S.
Department of the Treasury.
(2)
The penal sum of the bond must be in an amount at least equal to the current closure, postclosure care or corrective action cost estimate, whichever is applicable, except as provided in
(k) of this section.
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(c)
(3)
Under the terms of the bond, the surety will become liable on the bond obligation when the
owner or operator fails to perform as guaranteed by the bond.
(4)
The owner or operator must establish a standby trust fund. The standby trust fund must meet
the requirements of (a) of this section except the requirements for initial payment and
subsequent annual payments specified in (a)(2), (3), (4) and (5) of this section.
(5)
Payments made under the terms of the bond will be deposited by the surety directly into the
standby trust fund. Payments from the trust fund must be approved by the trustee.
(6)
Under the terms of the bond, the surety may cancel the bond by sending notice of
cancellation by certified mail to the owner and operator and to the Director one hundred
twenty (120) days in advance of cancellation. If the surety cancels the bond, the owner or
operator must obtain alternate financial assurance as specified in this section.
(7)
The owner or operator may cancel the bond only if alternate financial assurance is
substituted as specified in this section or if the owner or operator is no longer required to
demonstrate financial responsibility in accordance with.Reg.22.1402(b), 22.1403(b), or
22.1404(b).
Letter of Credit
(1)
An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this paragraph.
The letter of credit must be effective before the initial receipt of waste or before the effective
date of this section, (April 9, 1997), whichever is later, in the case of closure and postclosure care, or no later than one hundred twenty (120) days after the corrective action
remedy has been selected in accordance with the requirements of Reg.22.1208. The owner
or operator shall provide the letter of credit to the Director for approval and place a copy of
the letter of credit in the operating record. The issuing institution must be an entity which
has the authority to issue letters of credit and whose letter-of-credit operations are regulated
and examined by a Federal or State agency.
(2)
A letter from the owner or operator referring to the letter of credit by number, issuing
institution, and date, and providing the following information: name, and address of the
facility, and the amount of funds assured, must be included with the letter of credit, which
shall be provided to the Director and shall be placed in the operating record.
(3)
The letter of credit must be irrevocable and issued for a period of at least one year in an
amount at least equal to the current cost estimate for closure, post-closure care or corrective
action, whichever is applicable, except as provided in (a) of this section. The letter of credit
must provide that the expiration date will be automatically extended for a period of at least
one year unless the issuing institution has canceled the letter of credit by sending notice of
cancellation by certified mail to the owner and operator and to the Director one hundred
twenty (120) days in advance of cancellation. If the letter of credit is canceled by the issuing
institution, the owner or operator must obtain alternate financial assurance.
(4)
The owner or operator may cancel the letter of credit only if alternate financial assurance is
substituted as specified in this section or if the owner or operator is released from the
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requirements of this section in accordance with Reg.22.1402(b), Reg.22.1403(b) or
Reg.22.1404(b).
(d)
Insurance
(1)
An owner or operator may demonstrate financial assurance for closure and post-closure care
by obtaining insurance which conforms to the requirements of this paragraph. The insurance
must be effective before the initial receipt of waste or before the effective date of this
section, (April 9, 1997), whichever is later. At a minimum, the insurer must be licensed to
transact the business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer, in the State of Arkansas. The owner or operator shall provide the insurance
policy to the Director for approval and placea copy of the insurance policy in the operating
record.
(2)
The closure or post-closure care insurance policy must guarantee that funds will be available
to close the permitted facility whenever final closure occurs or to provide post-closure care
for the permitted facility whenever the post-closure care period begins, whichever is
applicable. The policy must also guarantee that once closure or post-closure care begins, the
insurer will be responsible for the paying out of funds to the owner or operator or other
person authorized to conduct closure or post-closure care, up to an amount equal to the face
amount of the policy.
(3)
The insurance policy must be issued for a face amount at least equal to the current cost
estimate for closure or post-closure care, whichever is applicable, except as provided in (a)
of this section. The term "face amount" means the total amount the insurer is obligated to
pay under the policy. Actual payments by the insurer will not change the face amount,
although the insurer's future liability will be lowered by the amount of the payments.
(4)
An owner or operator, or any other person authorized to conduct closure or post-closure care,
may receive reimbursements for closure or post-closure expenditures, whichever is
applicable. Requests for reimbursement will be granted by the insurer only if the remaining
value of the policy is sufficient to cover the remaining costs of closure or post-closure care,
and if justification and documentation of the cost is placed in the operating record. The
owner or operator must notify the Director that the documentation of the justification for
reimbursement has been placed in the operating record and that reimbursement has been
received, and provide of copy of the justification to the Director if requested.
(5)
Each policy must contain a provision allowing assignment of the policy to a successor owner
or operator. Such assignment may be conditional upon consent of the insurer, provided that
such consent is not unreasonably refused.
(6)
The insurance policy must provide that the insurer may not cancel, terminate or fail to renew
the policy except for failure to pay the premium. The automatic renewal of the policy must,
at a minimum, provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may cancel the policy by
sending notice of cancellation by certified mail to the owner and operator and to the Director
one hundred twenty (120) days in advance of cancellation. If the insurer cancels the policy,
the owner or operator must obtain alternate financial assurance as specified in this section.
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(e)
(7)
For insurance policies providing coverage for post-closure care, commencing on the date
that liability to make payments pursuant to the policy accrues, the insurer will thereafter
annually increase the face amount of the policy. Such increase must be equivalent to the
face amount of the policy, less any payments made, multiplied by an amount equivalent to
85 percent of the most recent investment rate or of the equivalent coupon-issue yield
announced by the U.S. Treasury for 26-week Treasury securities.
(8)
The owner or operator may cancel the insurance policy only if alternate financial assurance
is substituted as specified in this section or if the owner or operator is no longer required to
demonstrate financial responsibility in accordance with the requirements of Reg.22.1402(b),
Reg.22.1403(b) or Reg.22.1404(b).
Corporate Financial Test - An owner or operator that satisfies the requirements of this paragraph
may demonstrate financial assurance up to the amount specified in this paragraph (e):
(1)
Financial Component
(i)
(ii)
(iii)
(2)
The owner or operator must satisfy one of the following three conditions:
(A)
A current rating for its senior unsubordinated debt of AAA, AA, A, or BBB as
issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; or
(B)
A ratio of less than 1.5 comparing total liabilities to net worth; or
(C)
A ratio of greater than 0.10 comparing the sum of net income plus
depreciation, depletion and amortization, minus $10 million, to total
liabilities.
The tangible net worth of the owner or operator must be greater than:
(A)
The sum of the current closure, post-closure care, corrective action cost
estimates and any other environmental obligations, including guarantees,
covered by a financial test plus $10 million except as provided in paragraph
(e)(1)(ii)(B) of this section.
(B)
$10 million in net worth plus the amount of any guarantees that have not been
recognized as liabilities on the financial statements provided all of the current
closure, post-closure care, and corrective action costs and any other
environmental obligations covered by a financial test are recognized as
liabilities on the owner's or operator's audited financial statements, and subject
to the approval of the Director.
The owner or operator must have assets located in the United States amounting to
at least the sum of current closure, post-closure care, corrective action cost
estimates and any other environmental obligations covered by a financial test as
described in paragraph (e)(3) of this section.
Recordkeeping and Reporting Requirements
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(i)
The owner or operator must place the following items into the facility's operating
record and furnish those records to the Director for approval:
(A)
A letter signed by the owner's or operator's chief financial officer that:
a. Lists all the current cost estimates covered by a financial test, including, but
not limited to, cost estimates required for municipal solid waste management
facilities under this part 258, cost estimates required for UIC facilities under
40 CFR part 144, if applicable, cost estimates required for petroleum
underground storage tank facilities under 40 CFR part 280, if applicable, cost
estimates required for PCB storage facilities under 40 CFR part 761, if
applicable, and cost estimates required for hazardous waste treatment, storage,
and disposal facilities under 40 CFR parts 264 and 265, if applicable; and
b. Provides evidence demonstrating that the firm meets the conditions of either
paragraph (e)(1)(i)(A) or (e)(1)(i)(B) or (e)(1)(i)(C) of this section and
paragraphs (e)(1)(ii) and (e)(1)(iii) of this section.
(B)
A copy of the independent certified public accountant's unqualified opinion of
the owner's or operator's financial statements for the latest completed fiscal
year. To be eligible to use the financial test, the owner's or operator's financial
statements must receive an unqualified opinion from the independent certified
public accountant. An adverse opinion, disclaimer of opinion, or other
qualified opinion will be cause for disallowance, with the potential exception
for qualified opinions provided in the next sentence. The Director may
evaluate qualified opinions on a case-by-case basis and allow use of the
financial test in cases where the Director deems that the matters which form
the basis for the qualification are insufficient to warrant disallowance of the
test. If the Director does not allow use of the test, the owner or operator must
provide alternate financial assurance that meets the requirements of this
section.
(C)
If the chief financial officer's letter providing evidence of financial assurance
includes financial data showing that owner or operator satisfies paragraph
(e)(1)(i)(B) or (e)(1)(i)(C) of this section that are different from data in the
audited financial statements referred to in paragraph (e)(2)(i)(B) of this
section or any other audited financial statement or data filed with the SEC,
then a special report from the owner's or operator's independent certified
public accountant to the owner or operator is required. The special report shall
be based upon an agreed upon procedures engagement in accordance with
professional auditing standards and shall describe the procedures performed in
comparing the data in the chief financial officer's letter derived from the
independently audited, year-end financial statements for the latest fiscal year
with the amounts in such financial statements, the findings of that comparison,
and the reasons for any differences.
(D)
If the chief financial officer's letter provides a demonstration that the firm has
assured for environmental obligations as provided in paragraph (e)(1)(ii)(B) of
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this section, then the letter shall include a report from the independent
certified public accountant that verifies that all of the environmental
obligations covered by a financial test have been recognized as liabilities on
the audited financial statements, how these obligations have been measured
and reported, and that the tangible net worth of the firm is at least $10 million
plus the amount of any guarantees provided.
(ii)
An owner or operator must place the items specified in paragraph (e)(2)(i) of this
section in the operating record, notify the Director that these items have been
placed in the operating record, and submit the items to the Director for approval
before the initial receipt of waste or before the effective date of the requirements
of this section (April 9, 1997), whichever is later in the case of closure, and postclosure care, or no later than 120 days after the corrective action remedy has been
selected in accordance with the requirements of Reg.22.1208.
(iii)
After the initial placement of items specified in paragraph (e)(2)(i) of this section
in the operating record, the owner or operator must annually update the
information, place updated information in the operating record within 90 days
following the close of the owner or operator's fiscal year, and furnish the
information to the Director for approval. The Director may provide up to an
additional 45 days for an owner or operator who can demonstrate that 90 days is
insufficient time to acquire audited financial statements. The updated information
must consist of all items specified in paragraph (e)(2)(i) of this section.
(iv)
The owner or operator is no longer required to submit the items specified in this
paragraph (e)(2) or comply with the requirements of this paragraph (e) when the
owner or operator::
(A)
Substitutes alternate financial assurance as specified in this section that is
not subject to these recordkeeping and reporting requirements; or
(B)
Is released from the requirements of this section in accordance with
Reg.22.1402(b), Reg.22.1403(b) or Reg.22.1404(b).
(v)
If the owner or operator no longer meets the requirements of paragraph (e)(1) of
this section, the owner or operator must, within 120 days following the close of
the owner or operator's fiscal year, obtain alternative financial assurance that
meets the requirements of this section, place the required submissions for that
assurance in the operating record, and notify the Director that the owner or
operator no longer meets the criteria of the financial test and submit the alternate
financial assurance for approval.
(vi)
The Director may, based on a reasonable belief that the owner or operator may no
longer meet the requirements of paragraph (e)(1) of this section, require at any
time the owner or operator to provide reports of its financial condition in addition
to or including current financial test documentation as specified in paragraph
(e)(2) of this section. If the Director finds that the owner or operator no longer
meets the requirements of paragraph (e)(1) of this section, the owner or operator
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must provide alternate financial assurance that meets the requirements of this
section.
(3)
(e)
Calculation of Costs to be Assured - When calculating the current cost estimates for closure,
post-closure care, corrective action, or the sum of the combination of such costs to be
covered, and any other environmental obligations assured by a financial test referred to in
this paragraph (e), the owner or operator must include cost estimates required for solid
waste management facilities under this part, as well as cost estimates required for the
following environmental obligations, if it assures them through a financial test: obligations
associated with UIC facilities under 40 CFR part 144, petroleum underground storage tank
facilities under 40 CFR part 280, PCB storage facilities under 40 CFR part 761, and
hazardous waste treatment, storage, and disposal facilities under 40 CFR parts 264 and 265.
Local Government Financial Test - An owner or operator may use a financial test to demonstrate
financial assurance for closure, post-closure care and corrective action costs up to a specified
maximum limit. An owner or operator that satisfies the requirements of paragraphs (1) through (3)
of this section may demonstrate financial assurance up to the amount specified in paragraph (4) of
this section.
(1)
Financial Component
(i)
The local government owner or operator must satisfy paragraph A - Bond Rating
Requirement or paragraph B - Financial Ratio Alternative of this section in order to
qualify to use the financial test.
(A)
If the owner or operator has outstanding, rated, general obligation bonds that
are not secured by insurance, a letter of credit, or other collateral or guarantee,
it must have a current rating of Aaa, As, A, or Baa, as issued by Moody’s; or
AAA, AA, A, or BBB, as issued by Standard and Poor’s on all such general
obligation bonds; or
(B)
The owner or operator must satisfy each of the following financial ratios
based on the owner or operator’s most recent audited annual financial
statement:
a. A ratio of cash plus marketable securities to total expenditures greater than or
equal to 0.05; and
b. A ratio of annual debt service to total expenditures less than or equal to 0.20.
(ii)
The local government owner or operator must prepare its financial statements in
conformity with Generally Accepted Accounting Principles for governments and
have its financial statements audited by an independent certified public accountant (or
appropriate State agency).
(iii)
A local government is not eligible to assure its obligations under this section if it:
(A)
Is currently in default on any outstanding general obligation bonds; or
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(B)
Has any outstanding general obligation bonds rated lower than Baa as issued
by Moodys or BBB as issued by Standard and Poors; or
(C)
Operated at a deficit equal to five percent or more of total annual revenue in
each of the past two fiscal years; or
(D)
Receives an adverse opinion, disclaimer of opinion, or other qualified opinion
from the independent certified public accountant (or appropriate State agency)
auditing its financial statement as required under paragraph Reg.22.1405
(f)(1)(ii). However, the Director of an approved State may evaluate qualified
opinions on a case-by-case basis and allow use of the financial test in cases
where the Director deems the qualification insufficient to warrant
disallowance of the use of the test.
(iv)
(2)
The following terms used in this paragraph are defined as follows:
(A)
Deficit equals total annual revenues minus total annual expenditures.
(B)
Total revenues include revenues from all taxes and fees but does not
include the proceeds from borrowing or asset sales, excluding
revenue from funds managed by local government on behalf of a
specific third party;
(C)
Total expenditures include all expenditures excluding capital outlays and debt
repayment;
(D)
Cash plus marketable securities is all the cash plus marketable securities held
by the local government on the last day of a fiscal year, excluding cash and
marketable securities designated to satisfy past obligations such as pensions;
and
(E)
Debt service is the amount of principal and interest due on a loan in a given
time period, typically the current year.
Public Notice Component - The local government owner or operator must place a reference
to the closure and post-closure care costs assured through the financial test into its next
comprehensive annual financial report (CAFR) after the effective date of this section or prior
to the initial receipt of waste at the facility, whichever is later. Disclosure must include the
nature and source of closure and post-closure care requirements, the reported liability at the
balance sheet date, the estimated total closure and post-closure care cost remaining to be
recognized, the percentage of landfill capacity used to date, and the estimated landfill life in
years. A reference to corrective action costs must be placed in the CAFR not later than 120
days after the corrective action remedy has been selected in accordance with the
requirements of 22.1208. For the first year the financial test is used to assure costs at a
particular facility, the reference may instead be placed in the operating record until issuance
of the next available CAFR if timing does not permit the reference to be incorporated into the
most recently issued CAFR or budget. For closure and post-closure costs, conformance with
Government Accounting Standards Board Statement 18 assures compliance with this public
notice component.
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(3)
Recordkeeping and Reporting Requirements
(i)
The local government owner or operator must place the following documentation in
the facility’s operating record and furnish the information to the Director for
approval:
(A)
A letter signed by the local government’s chief financial officer that:
a. Lists all the current cost estimates covered by a financial test, as described in
Reg.22.1405(f)(4) of this section;
b. Provides evidence and certifies that the local government meets the conditions
of Reg.22.1405(f)(1)(i), (f)(1)(ii), and (f)(1)(iii); and
c. Certifies that the local government meets the conditions of Reg.22.1405(f)(2),
and (f)(4).
(ii)
(iii)
(B)
The local government’s independently audited year-end financial statements
for the latest fiscal year (except for local governments where audits are
required every two years where unaudited statements may be used in years
when audits are not required), including the unqualified opinion of the auditor
who must be an independent, certified public accountant or an appropriate
State agency that conducts equivalent comprehensive audits;
(C)
A report to the local government from the local government’s independent
certified public accountant (CPA) or the appropriate State agency based on
performing an agreed upon procedures engagement relative to the financial
ratios required by Reg.22.1405(f)(1)(i)(B), if applicable, and the requirements
of Reg.22.1405(g)(1)(ii)(C) and (D). The CPA or State agency’s report
should state the procedures performed and the CPA or State agency’s
findings; and
(D)
A copy of the comprehensive annual financial report (CAFR) used to comply
with Reg.22.1405(f)(2) or certification that the requirements of General
Accounting Standards Board Statement 18 have been met.
The items required in Reg.22.1405(f)(3)(i) must be placed in the facility operating
record as follows:
(A)
In the case of closure and post-closure care, either before the effective date of
this section, which is April 9, 1997, or prior to the initial receipt of waste at
the facility, whichever is later, or
(B)
In the case of corrective action, not later than 120 days after the corrective
action remedy is selected in accordance with the requirements of Reg.22.1208
After the initial placement of the items in the facility’s operating record, the local
government owner or operator must update the information and place the updated
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information in the operating record within 180 days following the close of the owner
or operator’s fiscal year.
(iv)
(4)
The local government owner or operator is no longer required to meet the
requirements of Reg.22.1405(f)(3) when:
(A)
The owner or operator substitutes alternate financial assurance as specified in
this section; or
(B)
The owner or operator is released from the requirements of this section in
accordance with Reg.22.1402(b), Reg.22.1403(b), or Reg.22.1404(b).
(v)
A local government must satisfy the requirements of the financial test at the close of
each fiscal year. If the local government owner or operator no longer meets the
requirements of the local government financial test it must, within 210 days following
the close of the owner or operator’s fiscal year, obtain alternative financial assurance
that meets the requirements of this section, place the required submissions for that
assurance in the operating record and furnish those submissions to the Director for
approval, and notify the Director that the owner or operator no longer meets the
criteria of the financial test and that alternate assurance has been obtained.
(vi)
The Director, based on a reasonable belief that the local government owner or
operator may no longer meet the requirements of the local government financial test,
may require additional reports of financial condition from the local government at any
time. If the Director of an approved State finds, on the basis of such reports or other
information, that the owner or operator no longer meets the requirements of the local
government financial test, the local government must provide alternate financial
assurance in accordance with this section.
Calculation of Costs to be Assured - The portion of the closure, post-closure care, and
corrective action costs for which an owner or operator can assure under this paragraph is
determined as follows:
(i)
If the local government owner or operator does not assure other environmental
obligations through a financial test, it may assure closure, post-closure care, and
corrective action costs that equal up to 43 percent of the local government’s total
annual revenue.
(ii)
If the local government assures other environmental obligations through a financial
test, including those associated with UIC facilities under 40 CFR Part 280, PCB
storage facilities under 40 CFR Part 761, and hazardous waste treatment, storage, and
disposal facilities under 40 CFR Parts 264 and 265, it must add those costs to the
closure, post-closure care, and corrective action costs it seeks to assure under this
paragraph. The total that may be assured must not exceed 43 percent of the local
government’s total annual revenue.
(iii)
The owner or operator must obtain an alternate financial assurance instrument for
those costs that exceed the limits set in Reg.22.1405(f)(4)(i) and (ii).
14-14
(g)
Corporate Guarantee
(1)
An owner or operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor must be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the owner or
operator, or a firm with a ``substantial business relationship'' with the owner or operator. The
guarantor must meet the requirements for owners or operators in paragraph (e) of this section
and must comply with the terms of the guarantee. A certified copy of the guarantee must be
placed in the facility's operating record and furnished to the Director for approval along with
copies of the letter from the guarantor's chief financial officer and accountants' opinions. If
the guarantor's parent corporation is also the parent corporation of the owner or operator, the
letter from the guarantor's chief financial officer must describe the value received in
consideration of the guarantee. If the guarantor is a firm with a ``substantial business
relationship'' with the owner or operator, this letter must describe this ``substantial business
relationship'' and the value received in consideration of the guarantee.
(2)
The guarantee must be effective and all required submissions placed in the operating record
before the initial receipt of waste or before the effective date of the requirements of this
section (April 9, 1997), whichever is later, in the case of closure and post-closure care, or in
the case of corrective action no later than 120 days after the corrective action remedy has
been selected in accordance with the requirements of Reg.22.1208.
(3)
The terms of the guarantee must provide that:
(i)
If the owner or operator fails to perform closure, post-closure care, and/or corrective
action of a facility covered by the guarantee, the guarantor will:
(A)
Perform, or pay a third party to perform, closure, post-closure care, and/or
corrective action as required (performance guarantee); or
(B)
Establish a fully funded trust fund as specified in paragraph (a) of this section
in the name of the owner or operator (payment guarantee).
(ii)
The guarantee will remain in force for as long as the owner or operator must comply
with the applicable financial assurance requirements of this Section unless the
guarantor sends prior notice of cancellation by certified mail to the owner or operator
and to the Director. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or
operator and the Director, as evidenced by the return receipts.
(iii)
If notice of cancellation is given, the owner or operator must, within 90 days
following receipt of the cancellation notice by the owner or operator and the Director,
obtain alternate financial assurance, place evidence of that alternate financial
assurance in the facility operating record, and submit the alternate financial assurance
to the Director for approval. If the owner or operator fails to provide alternate
financial assurance within the 90-day period, the guarantor must provide that alternate
assurance within 120 days of the cancellation notice, obtain alternative assurance,
place evidence of the alternate assurance in the facility operating record, and submit
the alternate financial assurance to the Director for approval.
14-15
(h)
(4)
If a corporate guarantor no longer meets the requirements of paragraph (e)(1) of this section,
the owner or operator must, within 90 days, obtain alternative assurance, place evidence of
the alternate assurance in the facility operating record, and submit the alternate financial
assurance to the Director for approval. If the owner or operator fails to provide alternate
financial assurance within the 90-day period, the guarantor must provide that alternate
assurance within the next 30 days.
(5)
The owner or operator is no longer required to meet the requirements of this paragraph (g)
when:
(i)
The owner or operator substitutes alternate financial assurance as specified in this
section; or
(ii)
The owner or operator is released from the requirements of this section in accordance
with Reg.22.1402(b), Reg.22.1403(b), or Reg.22.1404(b).
Local Government Guarantee - A local government owner or operator may demonstrate financial
assurance for closure, post-closure care, and corrective action, by obtaining a written guarantee
provided by a local government. The guarantor must meet the requirements of the local government
financial test in paragraph (f) of this section, and must comply with the terms of a written guarantee.
(1)
Terms of the Written Guarantee
The guarantee must be effective before the initial receipt of waste or before the effective date
of this section, whichever is later, in the case of closure, post-closure care, or no later than
120 days after the corrective action remedy has been selected in accordance with the
requirements of 22.1208. The guarantee must provide that:
(i)
If the owner or operator fails to perform closure, post-closure care, and/or corrective
action of a facility covered by the guarantee, the guarantor will:
(A)
Perform, or pay a third party to perform, closure, post-closure care, and/or
corrective action as required; or
(B)
Establish a fully funded trust fund as specified in Reg.22.1405(a) in the name
of the owner or operator.
(ii)
The guarantee will remain in force unless the guarantor sends notice of cancellation
by certified mail to the owner or operator and to the Director. Cancellation may not
occur, however, during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director, as evidenced by the
return receipts.
(iii)
If a guarantee is canceled, the owner or operator must, within 90 days following
receipt of the cancellation notice by the owner or operator and the Director, obtain
alternate financial assurance, place evidence of that alternate financial assurance in
the facility operating record, and furnish the alternate financial assurance to the
Director for approval. If the owner or operator fails to provide alternate financial
assurance within the 90-day period, the guarantor must provide that alternate
14-16
assurance within 120 days following the guarantors notice of cancellation, place
evidence of the alternate assurance in the facility operating record, and furnish the
alternate financial assurance to the Director for approval.
(2)
Recordkeeping and Reporting
(i)
The owner or operator must place a certified copy of the guarantee along with the
items required under Reg.22.1405(f)(3) into the facility’s operating record before the
initial receipt of waste or before the effective date of this section, whichever is later,
in the case of closure, post-closure care, or no later than 120 days after the corrective
action remedy has been selected in accordance with the requirements of Reg.22.1208.
(ii)
The owner or operator is no longer required to maintain the items specified in
Reg.22.1405(h)(2) when:
(iii)
(A)
The owner or operator substitutes alternate financial assurance as specified in
this section; or
(B)
The owner or operator is released from the requirements of this section in
accordance with Reg.22.1402(b), Reg.22.1403(b), or Reg.22.1404(b).
If a local government guarantor no longer meets the requirements of Reg.22.1405(f)
of this section, the owner or operator must, within 90 days, obtain alternative
assurance, place evidence of the alternate assurance in the facility operating record,
and furnish the alternate financial assurance to the Director for approval. If the owner
or operator fails to obtain alternate financial assurance within that 90-day period, the
guarantor must provide that alternate assurance within the next 30 days.
(i)
State Approved Mechanism. An owner or operator may satisfy the requirements of this section by
obtaining any other mechanism that meets the criteria specified in (l) of this section, and that is
approved by the Director.
(j)
State Assumption of Responsibility - If the Director either assumes legal responsibility for an owner
or operator's compliance with the closure, post-closure care and corrective action requirements of
this part, or assures that the funds will be available from State sources to cover the requirements, the
owner or operator will be in compliance with the requirements of this section. Any State assumption
of responsibility must meet the criteria specified in (l) of this section.
(k)
Use of Multiple Financial Mechanisms - An owner or operator may satisfy the requirements of this
section demonstrate financial assurance for closure, post-closure, and corrective action, as required
by Reg.22.1402, Reg.22.1403, and Reg.22.1404 by establishing more than one financial mechanism
per facility , except that mechanisms guaranteeing performance rather than payment, may not be
combined with other instruments. The mechanisms must be as specified in paragraphs (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), and k of this section, except that financial assurance for an amount at
least equal to the current cost estimate for closure, post-closure care and/or corrective action, may be
provided by a combination of mechanisms rather than a single mechanism.
14-17
(l)
Financial Assurance Sufficiency - The language of the mechanisms listed in paragraphs (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j) and (k) of this section must ensure that the instruments satisfy the
following criteria:
(1)
The financial assurance mechanisms must ensure that the amount of funds assured is
sufficient to cover the costs of closure, post-closure care, and corrective action for known
releases when needed;
(2)
The financial assurance mechanisms must ensure that funds will be available in a timely
fashion when needed;
(3)
The financial assurance mechanisms must be obtained by the owner or operator by the
effective date of these requirements or prior to the initial receipt of solid waste, whichever is
later, in the case of closure and post-closure care, and no later than one hundred twenty (120)
days after the corrective action remedy has been selected in accordance with the
requirements of Reg. 22.1208, until the owner or operator is released from the financial
assurance requirements under Reg. 22.1402, Reg. 22.1403 and Reg.22.1404.
(4)
The financial assurance mechanisms must be legally valid, binding, and enforceable under
State and Federal law.
(m)
Use of a Financial Mechanism for Multiple Facilities - The owner or operator may use a single
financial assurance mechanism to meet financial assurance requirements for more than one permitted
facility located in Arkansas. The mechanism submitted to the Director must include a list showing,
for each facility, the permit number, name, address, and amount of funds for closure, and postclosure care or corrective action assured by the mechanism. The amount of funds available through
the mechanism must be no less than the sum of funds that would be available if a separate
mechanism had been filed and maintained for each facility. In a financial assurance forfeiture action
for any of the facilities covered by the mechanism, the Director may order forfeiture of only the
amount of funds designated for that facility, unless the permittee agrees to the use of additional
funds available under the mechanism.
(n)
Municipality or County Contract of Obligation
(1)
A municipality or county may satisfy the requirements of this section by executing a contract
of obligation with the Department which conforms to the requirements of this paragraph.
The contract of obligation shall be a binding, enforceable, agreement on the municipality or
county, allowing the Department to collect the required amount from any funds being
disbursed or to be disbursed from the State to the municipality or county.
(2)
To assure compliance with paragraph (n) of this section, the maximum amount pledged
under the contract of obligation shall not exceed the total amount of general revenue
disbursed to the municipality or county in the last fiscal year, or, if approved by the Director,
the amount currently projected by the State to be disbursed during the current fiscal year.
(3)
The contract of obligation must be irrevocable and issued for a period of at least one year.
The contract of obligation must be effective before the initial receipt of waste or before the
effective date of this section, (April 9, 1997), whichever is later, in the case of closure and
14-18
post-closure care, or no later than one hundred twenty (120) days after the corrective action
remedy has been selected in accordance with the requirements of Reg.22.1208.
(4)
The owner or operator shall provide the contract of obligation to the Director for approval
and place a copy of the contract of obligation in the operating record. Upon execution by the
Director, the contract shall be filed with the State Commissioner of Revenues.
(5)
The owner or operator may cancel the contract of obligation only if alternate financial
assurance is substituted as specified in this section or if the owner or operator is released
from the requirements of this section in accordance with Reg.22.1402(b), Reg.22.1403(b) or
Reg.22.1404(b).
Reg.22.1406- Financial Assurance Requirements Prior To April 9, 1995 Bankruptcy, Forfeiture, And
Permit Transfers
(a)
Incapacity of Permittee or Financial Institutions - The permit owner or operator must notify the
Director by certified mail of the commencement of a voluntary or involuntary proceeding under Title
11 (Bankruptcy), U.S. Code, naming the permittee as debtor, within ten (10) days after
commencement of the proceeding.
The permit owner or operator providing financial assurance by obtaining a surety bond, insurance,
trust fund, or letter of credit will be deemed to be without the required financial assurance in the
event of bankruptcy of the issuing institution, or a suspension or revocation of the authority of the
institution issuing the surety bond, insurance, trust fund, or letter of credit to issue such instruments.
The permittee must establish other financial assurance within sixty (60) days after such an event.
(b)
Forfeiture of Financial Assurance - The Director may order that any financial assurance filed by the
permittee pursuant to this paragraph for closure of a landfill or landfill increment be forfeited to the
State if the Director determines that the permittee has failed to perform closure of the landfill or
landfill increment in accordance with Reg.22.1301, post closure care of the landfill in accordance
with Reg.22.1302, or corrective action in accordance with Reg.22.1208 when required to do so.
Any such forfeiture action shall follow the procedures provided in this subparagraph.
(1)
Upon determination that the permit owner or operator has failed to perform final closure,
post closure care, or corrective action, or in the case of solid waste processing facilities, the
clean up and removal of all waste from the site when required to do so, the Director shall
cause a notice of violation to be served upon the permittee. Such notice shall be hand
delivered or forwarded by certified mail. The notice of violation shall be in accordance with
the requirements of Regulation Number 8, Administrative Procedures, and shall specify in
what respect the permittee has failed to perform as required. The permittee may request
commission review and an adjudicatory hearing of the notice of violation in accordance with
Regulation Number 8 and the terms of the notice of violation.
(2)
If the Director determines that the permit owner or operator has failed to perform or respond
as specified in the notice of violation, The Director may issue a default administrative order
of forfeiture of the financial assurance filed to guarantee such performance. Upon issuance, a
copy of the order shall be hand delivered or forwarded by certified mail to the owner or
operator and to the financial institutions, sureties or parties guaranteeing financial assurance.
14-19
(c)
(3)
Upon the effective date of the order of forfeiture, the Director shall take legal action to
collect the forfeiture.
(4)
All fortified funds shall be deposited by the Director into the Solid Waste Performance Bond
Fund to be utilized by the Director in performing proper closure, post closure care, or
corrective action at the facility.
Effect on Transfer of Permits - During permit transfers, existing financial assurance mechanisms and
responsibilities shall remain in full force and effect until such time as the proposed new permit
owner or operator has filed, in accordance with the requirements of this Chapter, the required
replacement financial assurance mechanism(s). When acceptable replacement financial assurance
have been filed with the Director, the Director shall cause to be released to the former permit owner
or operator (or the issuing institution, if appropriate) the financial assurance that the permit owner or
operator had filed.
14-20
Chapter 15 Enforcement
Reg 22.1501- Inspection And Enforcement
(a)
Authorization to Enter Property - Any duly authorized officer, employee or representative of the
Department may enter and inspect any property, premise or place at any reasonable time for the
purpose of determining compliance with this Regulation.
(b)
Interference with Director or his Agents - Interference with the Director or any authorized employees
or agents of the Department in the performance of duties under the Arkansas Solid Waste
Management Act, as amended, constitutes a misdemeanor and may, upon conviction, be punished by
a criminal penalty of not more than twenty-five thousand dollars ($25000.00), or by imprisonment of
not more than one (1) year, or by both.
Reg 22.1502- Violations
(a)
Permit Required - No person shall construct, install, alter, modify or operate any solid waste
processing or disposal facility or disposal site without a permit from the Department.
(b)
Disposal Only at Permitted Facilities - No person shall dispose of solid waste at any disposal site or
facility other than a disposal site or facility for which a permit has been issued by the Department,
except that any on-site solid waste processing facility (composting) which processes solid waste from
an individual household shall not be deemed to constitute a disposal site and shall not be required to
obtain a permit, provided such disposal does not create a public or private nuisance or hazard to
health or the environment and does not violate a city ordinance or other law and does not involve the
open dumping of garbage.
(c)
Failure to Comply - Failure of a local government to comply withReg.22.201 et seq.of these
regulations requiring an adequate solid waste management system and plan shall constitute a
violation subject to the civil penalties authorized by Act 237 of 1971, as amended.
(d)
Prohibited Activities - No person shall:
(1)
Violate any provision of Act 237 of 1971, as amended, commit any unlawful act under it, or
violate any rule, regulation, or order of the Commission or a permit issued under this
subchapter by the Department, and leave the state or remove his person from the jurisdiction
of this state;
(2)
Through the course of activities prohibited by this section, commit a violation of A.C.A. ' 84-103(a)(2)(A)(i); or
(3)
Purposely or knowingly make any false statement, representation or certification in any
document required to be maintained under the Act, or falsify, tamper with, or render
inaccurate any monitoring device, testing method, or record required to be maintained under
the Act or these regulations.
Reg.22.1503- Civil Penalties
(a)
Applicability - The Department is authorized to institute a civil action in any court of competent
jurisdiction to accomplish any or all of the following:
15-1
(1)
Restrain any violation of, or compel compliance with, the provisions of the Act and of any
rules, regulations, orders, permits, licenses, or plans issued pursuant thereto;
(2)
Affirmatively order that remedial measures be taken as may be necessary or appropriate to
implement or effectuate the purposes and intent of the Act;
(3)
Recover all costs, expenses, and damages to the Department and any other agency or
subdivision of the state in enforcing or effectuating the provisions of the Act, including
natural resource damages;
(4)
Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for
violations of the Act and of any rules, regulations, permits, or plans issued pursuant thereto;
or
(5)
Recover civil penalties assessed pursuant to subsection (4) of this section.
(b)
Fines and Penalties - Any person who violates any provision of this subchapter and regulations,
rules, permits, or plans issued pursuant thereto may be assessed an administrative civil penalty not to
exceed ten thousand dollars ($10,000) per violation. Each day of a continuing violation may be
deemed a separate violation for purposes of penalty assessment. No civil penalty may be assessed
until the person charged with the violation has been given the opportunity for a hearing in
accordance with regulations adopted by the commission. All hearings and appeals arising under the
Act shall be conducted in accordance with the procedures prescribed by '' 8-4-205, 8-4-212, and 84-218 -- 8-4-229. These administrative procedures may also be used to recover all costs, expenses,
and damages to the Department and any other agency or subdivision of the state in enforcing or
effectuating the provisions of the Act, including natural resource damages.
(c)
Alternative Penalty - As an alternative to the limits on civil penalties set in subsections (a) and (b)
above, if a person found liable in actions brought under any of the above subsections has derived
pecuniary gain from commission of the offenses, then he may be ordered to pay a civil penalty equal
to the amount of the pecuniary gain.
Reg.22.1504- Criminal Penalties
(a)
Applicability - Any person who violates any provision of the Act, who commits any unlawful act
under it, or who violates any rule, regulation or order of the Commission or Department shall be
guilty of a misdemeanor. Notwithstanding any other provisions of Arkansas law, upon conviction
that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than
twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the
purpose of fines only, each day or part of a day during which the violation is continued or repeated
shall constitute a separate offense.
(b)
Prohibited Activities - It shall be unlawful for a person to:
(1)
Violate any provision of the Act, commit any unlawful act under it, or violate any rule,
regulation, or order of the Commission or Department, and leave the state or remove his
person from the jurisdiction of this state;
(2)
Through the course of activities prohibited by this section, commit a violation of ' 8-4103(a)(2)(A)(i); or
15-2
(3)
Purposely or knowingly make any false statement, representation or certification in any
document required to be maintained under this chapter, or falsify, tamper with, or render
inaccurate any monitoring device, testing method, or record required to be maintained under
the Act or these regulations.
(c)
Fines and Penalties - A person who violates this subdivision (b) of this section shall be guilty of a
felony. Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be
subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand
dollars ($50,000), or subject to both such fine and imprisonment. For the purpose of fines only, each
day or part of a day during which the violation is continued or repeated shall constitute a separate
offense.
(d)
Alternative Penalties - Notwithstanding the limits on fines set in subdivisions (a) and (c) above, if a
person convicted under any of the above subdivisions has derived or will derive pecuniary gain from
commission of the offenses, then he may be sentenced to pay a fine not to exceed twice the amount
of the pecuniary gain.
(e)
Solicitation and Conspiracy - Solicitation or conspiracy, as defined by subchapters 3 and 4 of chapter
3 of the Arkansas Criminal Code, to commit any criminal act proscribed by this section and '' 8-4103, and 8-7-204 shall be punishable as follows:
(f)
(1)
Any solicitation or conspiracy to commit an offense under this section which is a
misdemeanor shall be a misdemeanor subject to fines not to exceed fifteen thousand dollars
($15,000) per day of violation or imprisonment for more than six (6) months, or both such
fine and imprisonment.
(2)
Any solicitation or conspiracy to commit an offense under this section which is a felony
subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5)
years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or
imprisonment up to two (2) years, or both such fine and imprisonment.
(3)
Any solicitation or conspiracy to commit an offense under this section which is a felony
subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to
ten (10) years shall be a felony subject to fines up to seventy-five thousand dollars ($75,000)
per day or imprisonment up to seven (7) years, or both such fine and imprisonment.
(4)
Any solicitation or conspiracy to commit an offense under this section which is a felony
subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up
to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand
dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and
imprisonment.
Restitution/Business Organizations - In cases considering suspension of sentence or probation,
efforts or commitments by the defendant to remediate any adverse environmental effects caused by
his activities may be considered by the court to be restitution as contemplated by ' 5-4-301. A
business organization, its agents or officers, may be found liable under this section in accordance
with the standards set forth in ' 5-2-501 et seq., and sentenced to pay fines in accordance with the
provisions of ' 5-4-201(d) and (e).
15-3
(g)
Culpability - The culpable mental states referenced throughout this section shall have the definitions
set out in ' 5-2-202.
15-4
Chapter 16 Other Provisions
Reg.22.1601- Severability
If any provision of these regulations or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications of these regulations which can be given
effect without the invalid provision or application, and to this end provisions of these regulations are
declared to be severable.
Reg.22.1602- Effective Date
This regulation shall be effective ten (10) days after filing with the Secretary of State, the State Library, and
the Bureau of Legislative Research following adoption by the Commission.
16-1
APPENDIX 1
Appendix I to Part 258 - Constituents for Detection
Monitoring [1]
Common name2 CAS RN3
Common Name
157
RN
CAX
Inorganic Constituents:
(1) Antimony
(2) Arsenic
(3) Barium
(4) Beryllium
(5) Cadmium
(6) Chromium
(7) Cobalt
(8) Copper
(9) Lead
(10) Nickel
(11) Selenium
(12) Silver
(13) Thallium
(14) Vanadium
(15) Zinc
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
(Total)
Organic Constituents:
(16) Acetone
(17) Acrylonitrile
(18) Benzene
(19) Bromochloromethane
(20) Bromodichloromethane
(21) Bromoform; Tribromomethane
(22) Carbon disulfide
(23) Carbon tetrachloride
(24) Chlorobenzene
(25) Chloroethane; Ethyl chloride
(26) Chloroform; Trichloromethane
(27) Dibromochloromethane;
Chlorodibromomethane
(28) 1,2-Dibromo-3-chloropropane; DBCP
(29) 1,2-Dibromoethane; Ethylene dibromide;
EDB
(30) o-Dichlorobenzene; 1,2 Dichlorobenzene (31) p-Dichlorobenzene; 1,4 Dichlorobenzene (32) trans-1,4-Dichloro-2-butene
(33) 1,1-Dichloroethane; Ethylidene chloride
(34) 1,2-Dichloroethane; Ethylene dichloride
(35) 1,1-Dichloroethylene; 1,1Dichloroethene;
Vinylidene chloride (36) cis-1,2-Dichloroethylene; cis-1,2Dichloroethene
(37) trans-1,2-Dichloroethylene; trans-1,2Dichloroethene
(38) 1,2-Dichloropropane; Propylene dichloride
(39) cis-1,3-Dichloropropene
(40) trans-1,3-Dichloropropene
(41) Ethylbenzene
(42) 2-Hexanone; Methyl butyl ketone
(43) Methyl bromide; Bromomethane
67-64-1
107-13-1
71-43-2
74-97-5
75-27-4
75-25-2
75-15-0
56-23-5
108-90-7
75-00-3
67-66-3
124-48-1
(44) Methyl chloride; Chloromethane
(45) Methylene bromide; Dibromomethane
(46) Methylene chloride; Dichloromethane
(47) Methyl ethyl ketone; MEK; 2-Butanone
(48) Methyl iodide; Iodomethane
(49) 4-Methyl-2-pentanone; Methyl isobutyl
ketone
(50) Styrene
(51) 1,1,1,2-Tetrachloroethane
(52) 1,1,2,2-Tetrachloroethane
(53) Tetrachloroethylene; Tetrachloroethene;
Perchloroethylene
(54) Toluene
(55) 1,1,1-Trichloroethane; Methylchloroform
(56) 1,1,2-Trichloroethane
(57) Trichloroethylene; Trichloroethene
(58) Trichlorofluoromethane; CFC-11
(59) 1,2,3-Trichloropropane
(60) Vinyl acetate
(61) Vinyl chloride
(62) Xylenes
(63) Chloride
(64) Sulfate
(65) Total Dissolved Solids
(66) Specific Conductance (field measurement)
(67) pH (field measurement)
(68) Turbidity
74-87-3
74-95-3
75-09-2
78-93-3
74-88-4
108-10-1
100-42-5
630-20-6
79-34-5
127-18-4
108-88-3
71-55-6
79-00-5
79-01-6
75-69-4
96-18-4
108-05-4
75-01-4
1330-20-7
1. This list contains 47 volatile organics for which
possible analytical procedures provided in EPA
Report SW-846, Test Methods for Evaluating Solid
Waste, third edition, November 1986, as revised
December 1987, includes Method 8260; and 15
metals for which SW-846 provides either Method
6010 or a method from the 7000 series of methods.
2. Common names are those widely used in
government regulations, scientific publications, and
commerce; synonyms exist for many chemicals.
3. Chemical Abstracts Service registry number.
Where Total is entered, all species in the ground
water that contain this element are included.
4. Practical Quantitation Limit values must not be
reported as detection limits. All values above the
Method Detection Limit must be reported.
96-12-8
106-93-4
95-50-1
106-46-7
110-57-6
75-34-3
107-06-2
75-35-4
156-59-2
156-60-5
78-87-5
10061-01-5
10061-02-6
100-41-4
591-78-6
74-83-9
A-1
APPENDIX 2 Appendix II to Part 258 - List of Hazardous Inorganic and Organic Constituents [1]
Common Name2 CAS RN3 CASI Suggested PQL methods 3 (τ /L)6
Common Name
CAS RN
Acenaphthene
Acenaphthylene
Acetone
Acetonitrile; Methyl cyanide
Acetophenone
2-Acetylaminofluorene, 2-AAF
Acrolein
Acrylonitrile
Aldrin
83-32-9
208-96-8
67-64-1
75-05-8
98-86-2
53-96-3
107-02-8
107-13-1
309-00-2
Allyl chloride
4-Aminobiphenyl
Anthracene
Antimony
Arsenic
Barium
Benzene
Benzo[a]anthracene
Benzanthracene
Benzo[b]fluoranthene;
Benzo[k]fluoranthene
Benzo[ghi]perylene
Benzo[a]pyrene
Benzyl alcohol
Beryllium
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC; Lindane
Bis-(2-chloroethoxy)methane
Bis(2-chloroethyl)
ether; Dichloroethyl ether
Bis-(2-chloro-1 -methylethyl)
ether; 2,2^1-Dichlorodiisopro
pyl ether; DCIP,See note 7
Bis(2-ethylhexyl) phthalate
Bromochloromethane
Chlorobromomethane
Bromodichloromethane;
Dibromochloromethane
Chemical abstracts service index name
Suggested Methods;
PQL (τ/L)
8100 200; 8270 10
8100 200; 8270 10
8260 100
8015 100
8270 10
8270 20
8030 5; 8260 100
8030 5; 8260 200
8080 0.05; 8270 10
107-05-1
92-67-1
120-12-7
(Total)
(Total)
(Total)
71-43-2
56-55-3
Acenaphthylene, 1,2-dihydroAcenaphthylene
2-Propanone
Acetonitrile
Ethanone1-phenylAcetamide N-9H- fluoren-2-yl
2-Propenal
2-Propenenitrile
1,4:5,8Dimethanonaphthalene,
1,2,3,4,10,10hexachloro-1,4,4a,5,8,8a-hexahydro-(1,4,4a,5,8,8a)Propene, 3-chloro1,1^11-Biphenyl]- 4-amine
Anthracene
Antimony
Arsenic
Barium
Benzene
Benz[a]anthracene
8010 5; 8260 10
8270 20
8100 200; 8270 10
6010 300; 7040 2000; 7041 30
6010 500; 7060 10; 7061 20
6010 20; 7080 1000
8020 2; 8021 0.1; 8260 5
8100 200; 8270 10
205-99-2
207-08-9
191-24-2
50-32-8
100-51-6
(Total)
319-84-6
319-85-7
319-86-8
58-89-9
111-91-1
111-44-4
Benz[e]acephenanthrylene
Benzo[k]fluoranthene
Benzo[ghi]perylene
Benzo[a]pyrene
Benzenemethanol
Beryllium
Cyclohexane, 1,2,3,4,5,6- hexachloro-,(1,2,3,4,5,6)Cyclohexane, 1,2,3,4,5,6- hexachloro-,(1,2,3,4,5,6)Cyclohexane, 1,2,3,4,5,6- hexachloro-,(1,2,3,4,5,6)Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1,2,3,4,5,6)Ethane, 1,1^1- [methylenebis(oxy)] bis[2-chloroEthane, 1,1^1- oxybis[2-chloro-
8100 200; 8270 10
8100 200; 8270 10
8100 200; 8270 10
8100 200; 8270 10
8270 20
6010 3; 7090 50; 7091 2
8080 0.05; 8270 10
8080 0.05; 8270 20
8080 0.1; 8270 20
8080 0.05; 8270 20
8110 5; 8270 10
8110 3 8270 10
108-60-1
Propane, 2,2^1- 1- oxybis[1-chloro-
8110 10; 8270 10
117-81-7
74-97-5
1,2- Benzenedicarboxylic acid, bis(2-ethylhexyl) ester
Methane, bromochloro-
8060 20
8021 0.1/ 8260 5
75-27-4
Methane, bromodichloro-
8010 1; 8021 0.2; 8260 5
Bromoform; Tribromomethane
75-25-2
Methane tribromo-
8010 2; 8021 15; 8260 5
4-Bromophenyl phenyl ether
Butyl benzyl phthalate; Benzyl
butyl phthalate
Cadmium
Carbon disulfide
Carbon tetrachloride
101-55-3
85-68-7
8110 25; 8270 10
8060 5; 8270 10
(Total)
75-15-0
56-23-5
Benzene, 1-bromo-4-phenoxy1,2- Benzenedicarboxyli c acid, butyl phenylmethyl
ester
Cadmium
Carbon disulfide
Methane, tetrachloro-
Chlordane
See Note 8
p-Chloroaniline
Chlorobenzene
106-47-8
108-90-7
Chlorobenzilate
510-15-6
p-Chloro-m- cresol; 4-Chloro-3
59-50-7
4,7-Methano-1H- indene, 1,2,4,5,6,7,8,8-octachloro2,3,3a,4,7,7a - hexahydro
Benzenamine, 4-chloroBenzene, chloroBenzeneacetic
acid,
4-chloro—(4-chlorophenyl)—
hydroxy-, ethyl ester
Phenol, 4-chloro- 3-methyl-
A-2
6010 40; 7130 50; 7131 1
8260 100
8010 1; 8021 0.1; 8260 10
8080 0.1; 8270 50;
8270 20
8010 2; 8020 2; 8021 0.1; 8260
5
8270 10
8040 5; 8270 20
APPENDIX 2 Appendix II to Part 258 - List of Hazardous Inorganic and Organic Constituents [1]
Common Name2 CAS RN3 CASI Suggested PQL methods 3 (τ /L)6
Common Name
CAS RN
Chemical abstracts service index name
Suggested Methods;
PQL (τ/L)
methylphenol
Chloroethane; Ethyl chloride
Chloroform; Trichloromethane
2- Chloronaphthalene
2- Chlorophenol
4- Chlorophenyl phenyl ether
Chloroprene
Chromium
Chrysene
Cobalt
Copper
m-Cresol; 3- methylphenol
o-Cresol; 2- methylphenol
p-Cresol; 4- methylphenol
Cyanide
2,4-D; 2,4- Dichlorophenoxya
cetic acid
4,4^1-DDD
4,4^1-DDE
4,4^1-DDT
Diallate
75-00-3
67-66-3
91-58-7
95-57-8
7005-72-3
126-99-8
(Total)
218-01-9
(Total)
(Total)
108-39-4
95-48-7
106-44-5
57-12-5
94-75-7
Ethane, chloroMethane, trichloroNaphthalene, 2-chloroPhenol, 2-chloroBenzene, 1-chloro-4-phenoxy1,3-Butadiene, 2- chloroChromium
Chrysene
Cobalt
Copper
Phenol, 3-methylPhenol, 2-methylPhenol, 4-methylCyanide
Acetic acid, (2,4- dichlorophenoxy-
8010 5; 8021 1; 8260 10
8010 0.5; 8021 0.2; 8260 5
8120 10; 8270 10
8040 5; 8270 10
8110 40; 8270 10
8010 50; 8260 20
6010 70; 7190 500; 7191 10
8100 200; 8270 10
6010 70; 7200 500; 7201 10
6010 60; 7210 200;7211 10
8270 10
8270 10
8270 10
9010 200
8150 10
72-54-8
72-55-9
50-29-3
2303-16-4
8080 0.1; 8270 10
8080 0.05; 8270 10
8080 0.1; 8270 10
8270 10
Dibenz[a,h]anthracene
53-70-3
Benzene 1,1^1- (2,2- dichloroethylidene)bis[4-chloroBenzene, 1,1^1- (dichloroethyenylidene)bis[4-chloroBenzene, 1,1^1-(2,2,2- trichloroethylidene)bis[4-chloroCarbamothioic acid, bis(1-methylethyl)-,S-(2,3-dichloro2-propenyl) ester
Dibenz[a,h]anthracene
Dibenzofuran
Dibromochloromethane;
Chlorodibromomethane
1,2-Dibromo-3chloropropane;
DBCP
1,2- Dibromoethane; Ethylene
dribromide; EDB
Di-n-butyl phthalate
132-64-9
124-48-1
Dibenzofuran
Methane, dibromochloro-
8270 10
8010 1; 8021 0.3; 8260 5
96-12-8
Propane, 1,2- dibrome-3-chloro-
8011 0.1; 8021 30; 8260 25
106-93-4
Ethane, 1,2- dibromo-
8011 0.1; 8021 10; 8260 5
84-74-2
1,2- Benzenedicarboxylic acid, dibutyl ester
8060 5; 8270 10
oDichlorobenzene;1,2Dichlorobenzene
mDichlorobenzene;
1,3Dichlorobenzene
p - Dichlorobenzene; 1,4Dichlorobenzene
3,3^1- Dichlorobenzidine
trans-1,4- Dichloro-2- butene
Dichlorodifluoro methane; CFC
12;
1,1-Dichloroethane; Ethyldidene
chloride
95-50-1
Benzene, 1,2- dichloro1-
541-73-1
Benzene, 1,3- Dichloro-
106-46-7
Benzene, 1,4- dichloro-
91-94-1
110-57-6
75-71-8
[1,1^1-Biphenyl]- 4,4^1-diamine, 3,3^1-dichloro2-Butene, 1,4- dichloro-, (E)Methane, dichlorodifluoro-
8010 2; 8020 5; 8021 0.5; 8120
10; 8260 5; 8270 10
8010 5; 8020 5; 8021 0.2; 8120
10; 8260 5; 8270 10
8010 2; 8020 5; 8021 0.1; 8120
15 260 5; 8270 10
8270 20
8260 100
8021 0.5; 8260 5
75-34-3
Ethane, 1,1- dichloro-
8010 1; 8021 0.5; 8260 5
107-06-2
Ethane, 1,1- dichloro-
8010 0.5; 8021 0.3; 8260 5
75-35-4
Ethene, 1,1- dichloro-
8010 1; 8021 0.5; 8260 5
156-59-2
Ethene, 1,2- dichloro-, (Z)-
8021 0.2; 8260 5
156-60-5
Ethene, 1,2- dichloro-, (E)-
8010 1; 8021 0.5; 8260 5
120-83-2
87-65-0
78-87-5
Phenol, 2,4- dichloroPhenol, 2,6- dichloroPropane, 1,2- dichloro-
8040 5; 8270 10
8270 10
8010 0.5; 8021 0.05; 8260 5
1,2 - Dichloroethane; Ethylene
dichloride
1,1Dichloroethylene;
1,1Dichloroethene;
Vinylidene
chloride
cis-1,2- Dichloroethylene; cis-1,2Dichloroethene
trans-1,2- Dichloroethylene trans1,2- Dichloroethene
2,4- Dichlorophenol
2,6- Dichlorophenol
1,2- Dichloropropane; Propylene
A-3
8100 200; 8270 10
APPENDIX 2 Appendix II to Part 258 - List of Hazardous Inorganic and Organic Constituents [1]
Common Name2 CAS RN3 CASI Suggested PQL methods 3 (τ /L)6
Common Name
CAS RN
Chemical abstracts service index name
Suggested Methods;
PQL (τ/L)
dichloride
1,3Dichloropropane;
Trimethylene dichloride
2,2Dichloropropane;
Isopropylidene chloride
1,1- Dichloropropene
cis-1,3- Dichloropropene
trans-1,3- Dichloropropene
Dieldrin
Diethyl phthalate
0,0-Diethyl
0-2pyrazinyl
phosphorothioate; Thionazin
Dimethoate
142-28-9
Propane, 1,3- dichloro-
8021 0.3; 8260 5
594-20-7
Propane, 2,2- dichloro-
8021 0.5; 8260 15
563-58-6
10061-01-5
10061-02-6
60-57-1
8021 0.2; 8260 5
8010 20; 8260 10
8010 5; 8260 10
8080 0.05; 8270 10
84-66-2
1-Propene, 1,1- dichloro1-Propene, 1,3- dichloro-, (Z)1-Propene, 1,3- dichloro-, (E)2,7:3,6- Dimethanonaphth[2, 3-b]oxirene, 3,4,5,6,9,9hexa,
chloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
(1a,2,2a,3,6,6a ,7,7a)1,2- Benzenedicarboxylic acid, diethyl ester
297-97-2
Phosphorothioic acid, 0,0-diethyl 0-pyrazinyl ester
8141 5; 8270 20
60-51-5
8141 3; 8270 20
8060 5; 8270 10
p- (Dimethylamino) azobenzene
7,12- Dimethylbenz[a]
anthracene
3,3^1- Dimethylbenzidine
2,4- Dimethylphenol; m-Xylenol
Dimethyl phthalate
m-Dinitrobenzene
4,6-Dinitro-o- cresol 4,6- Dinitro2- methylphenol
2,4- Dinitrophenol;
2,4- Dinitrotoluene
2,6- Dinitrotoluene
Dinoseb; DNBP; 2- sec-Butyl-4,6dinitrophenol
Di-n-octyl phthalate
Diphenylamine
Disulfoton
60-11-7
57-97-6
Phosphorodithioic acid, 0,0-dimethyl S-[2(methylamino)2-oxoethyl] ester
Benzenamine, N,N- dimethyl-4- (phenylazo)Benz[a]anthracene, 7,12-dimethyl-
119-93-7
105-67-9
131-11-3
99-65-0
534-52-1
[1,1^1-Biphenyl]- 4,4^1-diamine,3,3^1-dimethylPhenol, 2,4- dimethyl1,2- Benzenedicarboxylic acid, dimethyl ester
Benzene, 1,3- dinitroPhenol, 2-methyl-4,6-dinitro
8270 10
8040 5; 8270 10
8060 5; 8270 10
8270 20
8040 150; 8270 50
51-28-5
121-14-2
606-20-2
88-85-7
Phenol, 2,4- dinitroBenzene, 1-methyl-2,4-dinitroBenzene, 2-methyl-1,3-dinitroPhenol, 2-(1- methylpropyl)-4,6- dinitro-
8040 150; 8270 50
8090 0.2; 8270 10
8090 0.1; 8270 10
8150 1; 8270 20
117-84-0
122-39-4
298-04-4
8060 30; 8270 10
8270 10
8140 2; 8141 0.5; 8270 10
Endosulfan I
959-98-8
Endosulfan II
33213-65-9
Endosulfan sulfate
1031-07-8
Endrin
72-20-8
Endrin aldehyde
7421-93-4
Ethylbenzene
100-41-4
1,2- Benzenedicarboxylic acid, dioctyl ester
Benzenamine, N- phenylPhosphorodithioic acid, 0,0-diethyl S-[2- (ethylthio)ethyl
ester
6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10hexachloro-1,5,5a,6,9,9a hexahydro-,3-oxide,
6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10hexachloro- 1,5,5a,6,9,9a hexahydro-, 3-oxide,
(3,5a,6,9,9a)6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10hexachloro-1,5,5a,6,9,9a hexahydro-,3-3-dioxide
2,7:3,6- Dimethanonaphth[2, 3-b]oxirene, 3,4,5,6,9,9hexachloro-1a,2,2a,3,6,6a,7,7 a-octahydro-, (1a,
2,2a,3,6,6a,7,7a)1,2,4- Methenocyclopenta[cd]pentalene-5carboxaldehyde,2,2a,3,3,4,7-hexachlorodecahydro,(1,2,2a,4,4a,5,6a,6b,7R*)Benzene, ethyl-
Ethyl methacrylate
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
Ethyl methanesulfonate
Famphur
62-50-0
52-85-7
Fluoranthene
206-44-0
Methanesulfonic acid, ethyl ester
Phosphorothioic acid, 0-[4[(dimethylamino)sulfonyl]phenyl] 0,0-dimethyl ester
Fluoranthene
A-4
8270 10
8270 10
8080 0.1; 8270 20
8080 0.05; 8270 20
8080 0.5; 8270 10
8080 0.1; 8270 20
8080 0.2; 8270 10
8020 2; 8221 0.05;
8260 5
8015 5; 8260 10;
8270 10
8270 20
8270 20
8100 200; 8270 10
APPENDIX 2 Appendix II to Part 258 - List of Hazardous Inorganic and Organic Constituents [1]
Common Name2 CAS RN3 CASI Suggested PQL methods 3 (τ /L)6
Common Name
CAS RN
Chemical abstracts service index name
Suggested Methods;
PQL (τ/L)
8100 200; 8270 10
8080 0.05; 8270 10
Fluorene
Heptachlor
86-73-7
76-44-8
Heptachlor epoxide
1024-57-3
Hexachlorobenzene
118-74-1
9H-Fluorene
4,7-Methano-1H- indene, 1,4,5,6,7,8,8-heptachloro3a,4,7,7a tetrahydro2,5-Methano-2H- indeno[1,2- b]oxirene,2,3,4,5,6,7,7heptachloro-1a,1b,5,5a,6,6a hexahydro-,(1a,1b, 2, 5, 5a,
6, 6a)
Benzene, hexachloro-
Hexachlorobutadiene
87-68-3
1,3-Butadiene, 1,1,2,3,4,4- hexachloro-
Hexachlorocyclopentadiene
77-47-4
1,3- Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane
67-72-1
Ethane, hexachloro-
Hexachloropropene
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
8120 0.5; 8260 10;
8270 10
8270 10
2-Hexanone; Methyl butyl
ketone
Indeno(1,2,3- cd)pyrene
Isobutyl alcohol
Isodrin
591-78-6
2-Hexanone
8260 50
193-39-5
78-83-1
465-73-6
8100 200; 8270 10
8015 50; 8240 100
8270 20; 8260 10
Isophorone
78-59-1
Indeno(1,2,3- cd)pyrene
1-Propanol, 2- methyl1,4,5,8- Dimethanonaphthalene,1,2,3,4,10,10hexachloro-1,4,4a,5,8,8a hexahydro-(1,4,4a,5,8,8a)2-Cyclohexen-1- one, 3,5,5- trimethyl-
Isosafrole
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
8270 10
Kepone
143-50-0
8270 20
Lead
(Total)
1,3,4-Metheno-2H- cyclobuta[cd]pentalen-2one,1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydroLead
Mercury
Methacrylonitrile
Methapyrilene
(Total)
126-98-7
91-80-5
Methoxychlor
72-43-5
Methyl bromide; Bromomethane
Methyl chloride; Chloromethane
3- Methylcholanthrene
Methyl ethyl ketone; MEK; 2Butanone
Methyl iodide; Iodomethane
Methyl methacrylate
74-83-9
74-87-3
56-49-5
78-93-3
Mercury
2-Propenenitrile, 2-methyl1,2- Ethanediamine, N.Ndimethyl-N^1-2-pyridinylN1/2-thienylmethyl)Benzene,1,1^1- (2,2,2,trichloroet hylidene)bis[4methoxyMethane, bromoMethane, chloroBenz[j]aceanthrylene, 1,2-dihydro-3-methyl2-Butanone
74-88-4
80-62-6
Methane, iodo2-Propenoic acid, 2-methyl-, methyl ester
8010 40; 8260 10
8015 2; 8260 30
Methyl methanesulfonate
2- Methylnaphthalene
Methyl parathion; Parathion
methyl
4-Methyl-2- pentanone; Methyl
isobutyl ketone
Methylene bromide;
Dibromomethane
Methylene chloride;
Dichloromethane
Naphthalene
66-27-3
91-57-6
298-00-0
Methanesulfonic acid, methyl ester
Naphthalene, 2- methylPhosphorothioic acid, 0,0-dimethyl
108-10-1
2-Pentanone, 4- methyl-
8270 10
8270 10
8140 0.5; 8141 1;
8270 10
8015 5; 8260 100
74-95-3
Methane, dibromo-
75-09-2
Methane, dichloro-
91-20-3
Naphthalene
1,4- Naphthoquinone
1-Naphthylamine
130-15-4
134-32-7
1,4- Naphthalenedione
1-Naphthalenamine
A-5
8080 1; 8270 10
8120 0.5; 8270 10
8021 0.5; 8120 5;
8260 10; 8270 10
8120 5; 8270 10
8090 60; 8270 10
6010 400; 7420 1000
7421 10
7470 2
8015 5; 8260 100
8270 100
8080 2; 8270 10
8010 20; 8021 10
8010 1; 8021 0.3
8270 10
8015 10; 8260 100
8010 15; 8021 20;
8260 10
8010 5; 8021 0.2;
8260 10
8021 0.5; 8100 200; 8260 5;
8270 10
8270 10
8270 10
APPENDIX 2 Appendix II to Part 258 - List of Hazardous Inorganic and Organic Constituents [1]
Common Name2 CAS RN3 CASI Suggested PQL methods 3 (τ /L)6
Common Name
CAS RN
Chemical abstracts service index name
Suggested Methods;
91-59-8
(Total)
88-74-4
99-09-2
100-01-6
98-95-3
88-75-5
100-02-7
924-16-3
55-18-5
62-75-9
86-30-6
621-64-7
2-Naphthalenamine
Nickel
Benzenamine, 2- nitro
Benzenamine, 3- nitro
Benzenamine, 4- nitro
Benzene, nitroPhenol, 2-nitroPhenol, 4-nitro1-Butanamine, N- butyl-N-nitrosoEthanamine, N- ethyl-N-nitrosoMethanamine, N- methyl-N-nitroso
Benzenamine, N- nitroso-N-phenyl1-Propanamine, N- nitroso-N-propyl;
PQL (τ/L)
8270 10
6010 150; 7520 400
8270 50
8270 50
8270 20
8090 40; 8270 10
8040 5; 8270 10
8040 10; 8270 50
8270 10
8270 20
8070 2
8070 5
8070 10
10595-95-6
100-75-4
930-55-2
99-55-8
56-38-2
608-93-5
82-68-8
87-86-5
62-44-2
85-01-8
108-95-2
106-50-3
298-02-2
See Note 9
Ethanamine, N- methyl-N-nitroso
Piperidine, 1- nitrosoPyrrolidine, 1- nitrosoBenzenamine, 2- methyl-5-nitroPhosphorothioic acid, 0,0-diethyl 0-(4-nitrophenyl) ester
Benzene, pentachloroBenzene, pentachloronitro
Phenol, pentachloroAcetamide, N-(4- ethoxyphenyl)
Phenanthrene
Phenol
1,4- Benzenediamine
Phosphorodithioic acid, 0,0-diethyl S[(ethylthio)methyl] ester
1,1'-Biphenyl, chloro derivatives
8270 10
8270 20
8270 40
8270 10
8141 0.5; 8270 10
8270 10
8270 20
8040 5; 8270 50
8270 20
8100 200; 8270 10
8040 1
8270 10
8140 2; 8141 0.5;
8270 10
8080 50; 8270 200
23950-58-5
107-12-0
129-00-0
94-59-7
(Total)
(Total)
93-72-1
100-42-5
18496-25-8
93-76-5
Benzamide, 3,5- dichloro-N-(1,1-dimethyl-2-propynyl)Propanenitrile
Pyrene
1,3-Benzodioxole, 5-(2-propenyl)Selenium
Silver
Propanoic acid, 2- (2,4,5-trichlorophenoxy)Benzene, ethenylSulfide
Acetic acid, (2,4,5- trichlorophenoxy)-
8270 10
8015 60; 8260 150
8100 200; 8270 10
8270 10
6010 750; 7740 20; 7741 20
6010 70; 7760 100; 7761 10
8150 2
8020 1; 8021 0.1; 8260 10
9030 4000
8150 2
1,2,4,5- Tetrachlorobenzene
1,1,1,2- Tetrachloroethane
1,1,2,2- Tetrachloroethne
Tetrachloroethylene
Tetrachloroethene;
Perchloroethylene
2,3,4,6- Tetrachlorophenol
Thallium
Tin
Toluene
95-94-3
630-20-6
79-34-5
127-18-4
Benzene, 1,2,4,5- tetrachloroEthane, 1,1,1,2- tetrachloroEthane, 1,1,2,2- tetrachloroEthene, tetrachloro-
8270 10
8010 5; 8021 0.05; 8260 5
8010 0.5; 8021 0.1; 8260 5
8010 0.5; 8021 0.5; 8260 5
58-90-2
(Total)
(Total)
108-88-3
Phenol, 2,3,4,6- tetrachloroThallium
Tin
Benzene, methyl-
o-Toluidine
Toxaphene
1,2,4- Trichlorobenzene
95-53-4
See Note 10
120-82-1
Benzenamine, 2- methylToxaphene
Benzene, 1,2,4- trichloro-
1,1,1- Trichloroethane;
71-55-6
Ethane, 1,1,1- trichloro-
8270 10
6010 400; 7840 1000; 7841 10
6010 40
8020 2; 8021 0.1;
8260 5
8270 10
8080 2
8021 0.3; 8120 0.5; 8260 10;
8270 10
8010 0.3; 8021 0.3; 8260 5
2-Naphthylamine
Nickel
o-Nitroaniline; 2-Nitroaniline
m-Nitroaniline; 3-Nitroanile
p-Nitroaniline; 4-Nitroaniline
Nitrobenzene
o-Nitrophenol; 2- Nitrophenol
p-Nitrophenol; 4- Nitrophenol
N-Nitrosodi-n- butylamine
N- Nitrosodiethylamine
N- Nitrosodimethylamine
N- Nitrosodiphenylamine
N- Nitrosodipropylamine NNitroso-N-dipropylamine;Di-npropylnitrosamine
N- Nitrosomethylethalamine
N- Nitrosopiperidine
N- Nitrosopyrrolidine
5-Nitro-o- toluidine
Parathion
Pentachlorobenzene
Pentachloronitro benzene
Pentachlorophenol
Phenacetin
Phenanthrene
Phenol
p- Phenylenediamine
Phorate
Polychlorinated biphenyls; PCBs;
Aroclors
Pronamide
Propionitrile; Ethyl cyanide
Pyrene
Safrole
Selenium
Silver
Silvex; 2,4,5-TP
Styrene
Sulfide
2,4,5-T; 2,4,5- Trichlorophenoxy
acetic acid
A-6
APPENDIX 2 Appendix II to Part 258 - List of Hazardous Inorganic and Organic Constituents [1]
Common Name2 CAS RN3 CASI Suggested PQL methods 3 (τ /L)6
Common Name
Methylchloroform
1,1,2- Trichloroethane
Trichloroethylene;
Trichloroethene
Trichlorofluoromethane; CFC-11
2,4,5- Trichlorophenol
2,4,6- Trichlorophenol
1,2,3- Trichloropropane
0,0,0- Triethyl phosphorothioate
sym- Trinitrobenzene
Vanadium
Vinyl acetate
Vinyl chloride; Chloroethene
Xylene(total)
Zinc
CAS RN
Chemical abstracts service index name
Suggested Methods;
PQL (τ/L)
79-00-5
79-01-6
Ethane, 1,1,2- trichloroEthene, trichloro-
8010 0.2; 8260 5
8010 1; 8021 0.2; 8260 5
75-69-4
95-95-4
88-06-2
96-18-4
126-68-1
99-35-4
(Total)
108-05-4
75-01-4
See Note11
(Total)
Methane, trichlorofluoroPhenol, 2,4,5- trichloroPhenol, 2,4,6- trichloroPropane, 1,2,3- trichloroPhosphorothioic acid, 0,0,0-triethylester
Benzene, 1,3,5- trinitroVanadium
Acetic acid, ethenyl ester
Ethene, chloroBenzene, dimethylZinc
8010 10; 8021 0.3; 8260 5
8270 10
8040 5; 8270 10
8010 10; 8021 5; 8260 15
8270 10
8270 10
6010 80; 7910 2000; 7911 40
8260 50
8010 2; 8021 0.4; 8260 10
8020 5; 8021 0.2; 8260 5
6010 20; 7950 50; 7951 0.5
Notes
1.
The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational
purposes only. See also footnotes 5 and 6.
2. Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.
3. Chemical Abstracts Service registry number. Where Total is entered, all species in the ground water that contain this element are included.
4. CAS index are those used in the 9th Collective Index.
5. Suggested Methods refer to analytical procedure numbers used in EPA Report SW-846 Test Methods for Evaluating Solid Waste, third edition,
November 1986, as revised, December 1987. Analytical details can be found in SW-846 and in documentation on file at the agency.
CAUTION: The methods listed are representative SW-846 procedures and may not always be the most suitable method(s) for monitoring an
analyte under the regulations.
6. Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be realiably determined within
specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are
generally stated to one significant figure. PQLs are based on 5 mL samples for volatile organics and 1 L samples for semivolatile organics.
CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual
compounds; PQLs are not a part of the regulation.
7. This substance is often called Bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer,
Propane, 2,2-oxybis[2-chloro- (CAS RN 39638-32-9).
8. Chlordane: This entry includes alpha-chlordane (CAS RN 5103- 71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN
5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6). PQL shown is for technical chlordane. PQLs of
specific isomers are about 20 (r)g/L by method 8270.
9. Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor 1016 CAS RN
12674-11-2), Aroclor 1221 (CAS RN 11104-28-2), Aroclor 1232 (CAS RN 11141-16-5), Aroclor 1242 (CAS RN 53469-21-9), Aroclor 1248
(CAS RN 12672-29-6), Aroclor 1254 (CAS RN 11097- 69-1), and Aroclor 1260 (CAS RN 11096-82-5). The PQL shown is an average value
for PCB congeners.
10. Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.
11. Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified
xylenes (dimethylbenzenes) (CAS RN 1330-20-7). PQLs for method 8021 are 0.2 for o-xylene and 0.1 for m- or p-xylene. The PQL for mxylene is 2.0 (r)g/L by method 8020 or 8260.
A-7
APPENDIX 3- Maximum Contaminant Levels (MCLs)
The maximum contaminant levels promulgated herein are for use in determining whether solid waste
disposal activities comply with the ground-water criteria (40 CFR 257.3-4) for Class 3, Class 4 and other
solid waste facilities and practices. Monitoring of other parameters may be required based on specific
waste characteristics.
Chemical
CAS No. MCL
Chemical
CAS
MCL
(mg/l)
No.
(mg/l)
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chromium (hexavalent)
2,4-Dichlorophenoxy acetic acid
1,4-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylene
Endrin
Fluoride
7440-38-2
7440-39-3
71-343-2
7440-43-9
56-23-5
7440-47-3
94-75-7
106-46-7
107-06-2
75-35-4
75-20-8
7
0.05
1.0
0.005
0.01
0.005
0.05
0.1
0.075
0.005
0.007
0.0002
4.0
A-8
Lindane
Lead
Mercury
Methoxychlor
Nitrate
Selenium
Silver
Toxaphene
1,1,1-Trichloroethane
Trichloroethylene
2,4,5-Trichlorophenoxy acetic acid
Vinyl chloride
58-89-9
7439-92-1
7439-97-6
72-43-5
7782-49-2
7440-22-4
8001-35-2
71-55-6
79-01-6
93-76-5
75-01-4
0.004
0.05
0.002
0.1
10.0
0.01
0.05
0.005
0.2
0.005
0.01
0.002
ARKANSAS REGISTER
Transmittal Sheet
Charlie Daniels
Secretary of State
State Capitol Room 026
Little Rock, Arkansas 72201-1094
(501) 682-3527
Code Number
Weinsteinaadeq state ar us
contact
Anne Weinstein
Intended Effective Date
Legal Notice Published .................................
10 Days After Flling
Final Date for Public Comment
....................
Reviewed by Legislative Council ...................
Adopted by State Agency .............................
Electronic Copy of Rule Provided on disk or CD (perAct 1478 of 2003)
[7 Electronic Copy of Rule e-mailed from:
Conlact Person
(501) 682-7890
Ernall Address
omalley@adeq state.ar.us
Phone Number
E-mall Address
Adrnln~strativeHearlng Officer
Ttle
04116/08
Date
ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION
101 EAST CAPITOL
SUITE 205
LITTLE ROCK, ARKANSAS 72201
PHONE: (501) 682-7890
FAX: (501) 682-7891
APR 1 6 2008
April 16, 2008
BUREAU OF
LEGISLATIVE RESEARCH
Ms. Donna Davis
Administrative Rules and Regulations Committee
Room 433, State Capitol Building
Little Rock, Arkansas 72201
RE:
Regulation No. 22, Solid Waste Management Rules; Docket No.
07-012-R - FINAL FILING.
Dear Ms. Davis:
I am enclosing the following for filing with your office:
1.
2.
3.
Two
22,
Two
Two
(2) hard copies of the amendment to Regulation No.
Solid Waste Management Rules.
(2) copies of Commission Minute Order No. 08-08.
(2) copies of the Financial Impact Statement.
Please provide written confirmation of your receipt of these
materials by file-marking the enclosed copy of this letter and
returning it to me.
Thank you for your assistance in this matter.
Respectfully,
u
Michael O'Malley
Administrative Hearing Officer
Enclosures
--- =...
57:
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ARKANSAS STATE LIBRARY
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For Depositing Final Rules and Regulations
At the Arkansas State Library
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Documents Services Arkansas State Library
One Capitol Mall Little Rock, AR 72201-1094
501-682-2326 phone; 501-682-1532 FAX
,
,
l
.Y
I'
..
I
Contact Person:
Telephone: (501) 682-0743
Anne Weinstein
Statutory Authority for Promulgating Rules: A. C. A. 5 8-1-203(b)(l).
Title of Rule: Regulation No. 22, Solid Waste Management Rules; Docket No 07-012-R; Minute Order
NO. 08-08.
Rule Status
Effective Date Status
Effective Date
New RuleIRegulation
Emergency
I (XI Amended RuleIRegulation
-
I
I
I (XI 10 Days after filing
-
April 26,2008
Repealed RuleIRegulation
Other
Order
Repealed
Rule above is proposed and will be replaced by final version
[XI Financial and/or Fiscal Impact Statement Attached
I
Certification of Authorized Officer
I I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as amended.
-
I
Signature:
Title: Administrative Hearing Officer
Date:
(/
April 16,2008
ARKANSAS POLLUTION CONTROL
AND ECOLOGY COMMISSION
MINUTE ORDER NO. 08- 0 g
SUBJECT:
Adovtion of Revisions to
Regulation 22, Solid Waste
Management Rules
DOCKET NO. 07-0 12-R
PAGE 1 OF 2
On December 7, 2007, the Commission granted the Department's petition to initiate
rulemaking to amend Regulation No. 22, Solid Waste Management Rules. A public hearing was
held on January 2 1,2007 in North Little Rock.
One written comment was received. The comment recommended modifying Regulation
No. 22. 1304 as shown in the marked-up version below:
(b) Any expenditures in excess of $50,000 per site from the Landfill Post-Closure
Trust Fund, for corrective action to remedy environmental impacts of closed
disposal sites previously operated as a landfill pursuant to state law, W
will be prioritized and authorized by the Commission, by adoption
of a Minute Order, after addressing corrective actions needed to address
environmental impacts from permitted landfills closed properly.
The modification clarifies Section 1304 and makes it conform to Act 1281, Section 47 of
2007 which requires the Commission to prioritize and authorize the expenditures of any hnds in
excess of $50,000 for corrective action at landfills that were permitted and certified closed by
ADEQ.
IT IS THEREFORE, ORDERED:
1. That the proposed rule is adopted.
2. That the ADEQ staff is directed to make these changes to Regulation No. 22.
ARKANSAS POLLUTION CONTROL
AND ECOLOGY COMMISSION
SUBJECT:
Adoption of Revisions to
Regulation 22, Solid Waste
Management Rules
MINUTE ORDER NO. 08- 0%
DOCKET NO. 07-0 12-R
PAGE 1 OF 2
PROMULGATED THIS 28THDAY OF MARCH, 2008 BY ORDER OF THE ARKANSAS
POLLUTION CONTROL AND ECOLOGY COMMISSION.
ATTEST:
-
.t
-
Mke Beebe, ~ k v e r n o r
D. Hendrix
C. McGrew
D. Samples
L. Sickel
J. Simpson
W. Thompson
.Valdez
;MITTEDBY: Anne Weinstein PA
March 28,2008